SONIA SAHU Vs. RAJESHWARI PRASAD MISHRA

JUDGEMENT

(1.) -THIS appeal has been preferred for enhancement of compensation aggrieved by an award dated 12. 4. 2005 passed in Claim Case No. 53 of 2002 by the Second Additional Motor Accidents claims Tribunal, Sidhi.

(2.) THE claimant on 21. 1. 2002 at 11 a. m. was travelling in bus No. MP 53-E 0120 from village Budhar to Devra. Claimant was dashed by the said bus while she was getting down from the bus. Owing to which the appellant aged about 57 years sustained injuries. Amputation of leg above knee level had to be done. Disability has also been found by the Medical Board to the extent of 75 per cent. Learned Member of the claims Tribunal awarded compensation of rs. 89,945 along with interest at the rate of 6 per cent per annum from the date of filing of the claim petition till realisation. However, for conveyance and attendant a sum of Rs. 6,000, for special diet a sum of rs. 3,000 has been awarded to the claimant. Learned Claims Tribunal has awarded an amount of Rs. 50,000 for permanent disability, for physical pain and mental agony a sum of Rs. 10,000 and a sum of rs. 20,945 has been awarded for medical expenses. Consequently, this appeal has been preferred for enhancement of compensation.

(3.) IT is not in dispute that the accident took place on account of rash and negligent driving of the driver of the bus. It is also not in dispute that amputation of right lower limb was suffered by the appellant. The learned Claims Tribunal has wrongly found the disability to the extent of 50 per cent. A medical certificate, Exh. P28, is issued by Medical Board certifying that the disability is to the extent of 75 per cent for amputation above knee level, as such, the disability is 75 per cent. Claimant is a housewife, thus she was contributing to household work worth of which is assessed at Rs. 2,000 per month in the year 2002, for 75 per cent disability the monthly loss of earnings comes to Rs. 1,500, annual loss comes to Rs. 18,000. Multiplier of 8 is applicable at the age of 57 years which is applied, thus compensation towards loss of earning capacity comes to Rs. 1,44,000. In addition a sum of Rs. 25,000 is awarded on account of physical pain and mental agony. A sum of Rs. 20,945 rounded off to Rs. 21,000 is awarded on account of medical expenses, Rs. 6,000 on account of conveyance charges and attendants and a sum of Rs. 6,000 on account of special diet is awarded. Thus, the total compensation comes to Rs. 2,02,000. The enhanced compensation to carry interest at the rate of 6 per cent per annum from the date of filing of the claim petition till realisation.