KAVITA SHARMA Vs. ASHWNI KUMAR

JUDGEMENT

(1.) THE appeal has been preferred by the claimant for enhancement of compensation calling in question adequacy of compensation awarded by Eighth addl. MACT, Jabalpur, in Claim Case No. 503/2002 as per award dated 7-5-2004.

(2.) THE Claims Tribunal has awarded compensation of Rs. 41,000/- on account of injury sustained by the claimant Ku. Kavita aged 19 years. Her spleen had to be removed owing to the injury sustained in the accident, is not in dispute. The Claims Tribunal has awarded compensation of Rs. 12,500/- for medical expenditure Rs. 25,000/- for injury and pain and suffering, for special diet and expenditure on conveyance Rs. 3500/ -. Total compensation of Rs. 41,000/- has been awarded along with the interest @ 9% per annum from the date of filing of the claim petition till realization. Dissatisfied with the quantum of compensation appeal has been preferred by the claimant for enhancement.

(3.) IT is submitted by the appellant that documents have not been considered, spleen had to be removed, there were scar marks left due to surgery performed on the body of the claimant. Inadequate medical expenditure has been awarded, due to removal of spleen claimant will have to suffer for remaining part of life, thus compensation be suitably enhanced.