SMT. GEETABAI Vs. ASSOCIATED ENTERPRISES AND ANOTHER

JUDGEMENT

(1.) Being aggrieved by the Award dated 31st July, 2001 passed by 4th M.A.C.T. Indore in Claim Case No. 230/97 whereby sum of Rs. 45000.00 has been awarded on account of injuries sustained by the appellant in the accident case, the present appeal has been filed.

(2.) According to the claimant i.e. appellant herein, the compensation awarded, is on lower side and hence, needs to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in compensation awarded and if so to what extent

(3.) Learned counsel for the appellant submits that the appellant was aged 55 years at the time of accident. The appellant sustained head injuries and also facial injuries. The appellant also sustained injuries in her right eye. The appellant was hospitalized at M.Y. Hospital from 9th Sept., 1995 to 20th Sept., 1995. Learned Tribunal has awarded sum of Rs. 45000.00, a break-up of which is as under : <FRM>JUDGEMENT_134_LAWS(MPH)8_2007.htm</FRM>