SHAMA BI Vs. SHIVA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award in Claim Case No. 92 of 1992 dated 31. 1. 1994 by the learned III Additional Motor Accidents Claims Tribunal, Ratlam, who was pleased to award an amount of Rs. 55,000/- with 12 per cent interest thereon.

(2.) THE case of the appellant in short is that in an accident between the truck No. MBT 5934 and bus No. CPW 0747 she received injuries on head, face, jaws and right hand. She demanded Rs. 10,000/- for treatment, Rs. 10,000/- for pain, shock and suffering and Rs. 75,000/- for future disability. In all she demanded Rs. 95,000/ -.

(3.) MR. Patwa appearing for the appellant argued that looking to the injuries that the appellant has received, defacement and injury to the eye, can be said to be permanent disability. The appellant had examined Dr. Laad as AW 3, who has stated that he had examined the appellant and had given the certificate at P 10. He said in his evidence that the injury that the appellant has received could cause reduction in the eyesight. The medical certificate shows that right side of her face is depressed. Her right eye pupil was dilated and fixed. This is the certificate issued immediately after the accident. The certificate itself shows that it was due to the vehicular accident. In that view of the matter, the Tribunal held that the appellant was injured in an accident caused by both the vehicles which were negligently driven.