KUSHA TANTI Vs. BASANTI DEBBARMA AND ORS.

JUDGEMENT

(1.) BY means of this appeal, the appellant -claimant has prayed for enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal in Case No. T.S. (MAC) 10 of 2009 vide award dated 13.09.2010.

(2.) THE undisputed facts are that one minor girl Sangita Tanti received injuries in an accident with a motor vehicle i.e. TR01 -B -4352 (MAX). It is alleged that this vehicle hit the victim Sangita from her behind and she suffered serious injuries. The learned Tribunal came to the conclusion that the accident had occurred and thereafter, assessed the compensation at Rs. 42,500/ - under the following heads: - -

(3.) THE discharge certificate shows that the minor girl was aged about 10 years. She was admitted in hospital on 4th July, 2008 and was discharged therefrom on 2nd August, 2008. Therefore, she remained in hospital for 29 days. She was diagnosed as having suffered fracture of the pelvis and one other fracture also but that is not clearly illegible. Even after discharge it was advised that she should be on bed rest for four weeks and should appear in the OPD after four weeks. After four weeks, the injury was found to have healed to a great extent, but the petitioner had to go back to the hospital for treatment. The claimant has also produced the disability certificate which shows that the claimant has suffered disability of 30% in relation to the left leg. Though this certificate is for 5 years, it is more than apparent that the injury has caused a permanent disability.