SUDHU JAIN Vs. MAHENDRA KUMAR JAIN

JUDGEMENT

(1.) M.A. Nos. 500 and 583 of 2000 both these appeals arise after a common award dated 28.4.2000 passed by Second Additional Member Judge, Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 34 of 1994. Appeal No. 583 of 2000 is preferred by the insurance company for exoneration from payment of compensation while Appeal No. 500 of 2000 is filed by claimant for enhancement of compensation.

(2.) The brief facts of the case are that on 10.5.1993 the claimant Sudha Jain was sitting as a pillion rider on the scooter driven by her husband, respondent No. 1. The number of the scooter was MBH 1737. At about 9.30 p.m. they were going to attend a marriage ceremony. When they reached near M.P. Roadways Depot, respondent No. 1 due to excessive speed of the scooter lost his control and the scooter fell down in a ditch near P.W.D. Govt. Bungalow.

(3.) This accident has resulted in fracture in femur bone in her left leg. Femur bone was completely damaged in the accident. Claimant was taken to hospital where she was treated. She has to undergo a prolonged treatment including 4 surgical operations. A steel rod was inserted in her leg and her leg was shortened by 1.5". Claimant filed a claim petition. Initially the claim petition was filed for payment of compensation of Rs. 2,91,500. However, subsequently the claim petition was amended and valued at Rs. 4,91,500. The Claims Tribunal after appreciating the evidence on record has awarded an amount of Rs. 1,20,000 for general damages, Rs. 45,000 for medical expenses and Rs. 23,168 towards pain and suffering. Thus the Claims Tribunal has awarded an amount of Rs. 1,90,000 plus interest at the rate of 9 per cent per annum. Claims Tribunal has also awarded interest at the rate of 12 per cent per annum in the event the amount is not paid within a period of 2 months from the date of award.