POOJA Vs. RAMESH KUMAR

JUDGEMENT

(1.) MR. Hemant Vaishnav,counsel for appellant. Mr. S. V. Dandwate,counsel for the respondent No. 2. Heard on merits. This is an appeal filed by the claimant under section 173 of the Motor vehicles Act, 1988 against an award dated 27. 1. 2006 passed by Nineteenth M. A. C. T. , indore in Claim Case No. 80 of 2005. By the impugned award, the Claims Tribunal has awarded a sum of Rs. 1,96,965 to the claimant by way of compensation for the injury which the appellant sustained in an accident. According to the claimant, i. e. , appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. 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?

(2.) IT is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is for the reason that, firstly, all these findings are recorded in favour of claimant by the learned Tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross-appeal or cross-objection. In this view of the matter, it is not necessary to burden the judgment by detailing facts on all these issues.

(3.) AS observed supra, it is an injury case. Learned counsel for appellant submits that appellant who is a minor girl aged 8 years, sustained injuries in her left leg, as a result her leg was amputated above knee. The appellant was hospitalised from 28. 8. 2004 to 13. 9. 2004. Appellant was a student of class III at the time of accident. Learned counsel for the appellant submits that looking to the injuries and permanent disability which has been assessed by the doctors as 90 per cent and by learned tribunal as 70 per cent the amount awarded is on lower side. Break-up of the awarded amount is as under: <FRM>JUDGEMENT_2158_ACJ_2008Html1.htm</FRM>