KAUSHALYABAI Vs. HUKUMCHAND

JUDGEMENT

(1.) This appeal is filed by the claimant under section 173 of the Motor Vehicles Act, 1988 challenging the award dated 12.8.2004, passed by the Motor Accidents Claims Tribunal, Indore, in Claim Case No. 42 of 2004, whereby the Claims Tribunal has awarded an amount of Rs. 2,27,000 to the present appellant as compensation for the injuries sustained by her. The Tribunal awarded an amount of Rs. 1,44,000 towards general damages, Rs. 50,000 towards pain and suffering and Rs. 33,000 towards medical expenses.

(2.) According to claimant she was 42 years of age at the time of accident and was injured in an accident dated 20.12.2003 caused with Tata Sumo vehicle MP 09-S 4122 which was owned by respondent No. 1, driven by respondent No. 2 and insured with respondent No. 3.

(3.) Mr. R.N. Dave, the learned counsel for the appellant submits that the amount awarded by the Claims Tribunal is on the lower side, while Mr. R.J. Pandit, learned counsel for the respondent No. 3 submits that the amount awarded by the Claims Tribunal is just and proper.