SHYAMA BAI Vs. R SHANMUGASUNDRAM

JUDGEMENT

(1.) CLAIMANT is in appeal under section 173 of the Motor vehicles Act, 1988, against an award dated 1. 10. 2007 passed by learned Third additional Member, Motor Accidents Claims tribunal, Indore in Claim Case No. 36 of 2007. By the impugned award, the learned member of Claims Tribunal has awarded a total compensation of Rs. 1,29,715 together with interest at the rate of 9 per cent per annum from the date of claim petition till realization for the injuries sustained by the claimant. According to claimant, the compensation awarded by the Tribunal is on lower side and hence, need to be enhanced so as to make it reasonable, adequate, proper and in conformity with the provisions of the Motor Vehicles Act. It is essentially for this reason, the claimant has filed this appeal claiming enhancement in the compensation. So the short question that arises for consideration in this appeal is, whether any case for enhancement in the compensation awarded by the Tribunal is made out and, if so, to what extent?

(2.) IN view of short controversy involved in the appeal, it is really not necessary to take note of the facts in detail except those which are necessary. It is also for the reason that the findings in relation to nature of accident, how it occurred, who was responsible for causing injury, liability, etc. are decided in favour of claimant by the tribunal. In the absence of any challenge to these findings by the respondents, by not filing any cross-appeal or cross-objection, these findings have become final.

(3.) THIS is a case of injury suffered by the claimant, Shyama Bai, aged 51 years, a housewife, in a vehicular accident that occurred on 23. 12. 2004 while she was travelling towards Mysore from Ooty in a bus. It was at that time, offending vehicle bearing No. TN 65-B 8712 owned by respondent No. 1, driven by respondent No. 2 and insured with respondent No. 3 turned turtle in which she was travelling, causing serious injuries in her left hand (amputation of left hand below shoulder joint ). According to claimant, she was hospitalised for undergoing operations and she actually underwent operations in hospital. According to doctor, the permanent disability is to the extent of 80 per cent. It is according to claimant proved in evidence also. The claims Tribunal on appreciating the entire evidence adduced by the claimant awarded a total compensation of Rs. 1,29,715 for the injuries sustained by her, the expenses incurred, disability occurred and lastly for pain and suffering. It is this determination which is impugned by the claimant, being on lower side, hence, this appeal for enhancement.