RAJUBAI Vs. KALURAM & ORS

JUDGEMENT

(1.) This appeal is filed by the appellant under Section 173 of the Motor Vehicles Act against an award dated 22.7.2003 passed by learned 13th Additional Member MACT, Indore in claim case No. 114/2003. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,00,000 with interest to the appellant by way of compensation for the injuries sustained in the accident occurred on 23.6.1998.

(2.) Appellant had preferred a claim petition under Section 166 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 5,00,000. According to the appellant compensation awarded by the Tribunal is meagre and deserves enhancement, however, by filing the appeal inadequacy of the compensation has been assailed.

(3.) It is a case of injury wherein multiple fracture were there i.e. ribs 3rd to 9th, fracture of scapula, fracture of back bone and spinal cord, compression fracture of L 5 vertebra, fracture of right clavicle and various head and facial injuries, resulting into disablement to the extent of 48%. Learned Tribunal has allowed Rs. 1,00,000 only, wherein Rs. 70,000 were allowed in the head of medical expenses, Rs. 20,000 towards loss of earning and Rs. 10,000 towards pain and sufferings.