MPSRTC Vs. CHANDRAKANTA ALIAS CHANDRAKALA

JUDGEMENT

(1.) ON 08-05-95, the respondent Smt. Chandrakanta alias Chandrakala, daughter of Dhannalal Lad was travelling in the bus bearing Registration No. MTH-7922 belonging to the Madhya Pradesh State Road Transport Corporation (hereinafter referred to as 'corporation' for convenience ). When the said bus was proceeding from Indore towards Dhar, the tyre of the bus got burst and resultantly the bus dashed against a tree which resulted in injuries to the respondent Chandrakanta's lip and on her leg. The lip was cut and on account of that and as per the allegation of Chandrakanta, she suffered permanent disfiguration. The Tribunal granted compensation to the claimant Chandrakanta, to the tune of Rs. 26,400/- with interest at the rate of Rs. 12/-per cent per annum and that is put to challenge in this appeal.

(2.) SHRI Zelawat, counsel appearing for the appellant submitted that the injuries sustained by Chandrakanta were not serious, grievous and were not causing any disability to her. He prayed that the Tribunal should have dismissed the claim petition. If not, the amount should have been reasonable. He prayed for setting aside the said award at least for modifying it.

(3.) THE learned Member of the Tribunal pointed out in para 14 of the judgment that Chandrakanta stated in her evidence that on account of said cut to the lip, she had been disfigurated so far as her face is concerned. She also pointed out in her evidence that she is an unmarried woman and putting her service as a teacher. It is her evidence that on account of the injuries sustained on the lip and leg she sustained pain and suffered in medical expenses.