MADHURIMA BAJAJ Vs. SUNDER SINGH

JUDGEMENT

(1.) THE appellant -claimant has filed the present appeal against the award dated 25.07.2007 passed by the MACT, Panipat for Rs.1,40,000/ - to the appellant -claimant on account of injuries sustained by her in road side accident which had taken place on 19.07.2006 at Panipat. In the appeal, enhancement of the award upto Rs.5 lakhs has been prayed for. Learned counsel for the appellant has argued that the appellant -claimant is practicing as Lawyer at District Court, Panipat and she was having flourishing practice but due to the injuries sustained by her in the accident, she was bed -ridden for about two months and hence, her profession has been adversely affected. He has further contended that approximately Rs.5 lakhs had been spent for her treatment under various heads and she is entitled for the said amount.

(2.) THE findings given by the learned Tribunal on the issue of negligence is not disputed in the appeal and merely modification of the award has been prayed for by the appellant -claimant. The learned Tribunal has awarded an amount of Rs.80,000/ - under the head of medical and other expenses as the claimant has produced cash memos regarding the medicines she has produced from the medical stores during the period she had remained under treatment of the doctor. I retain the same. Due to injuries sustained by her in the accident, she has remained under the treatment of the doctors and during this period, she was unable to pursue her legal profession and suffered loss of income. Learned Tribunal had granted Rs.30,000/ - on account of loss of income caused to the appellant - claimant which I shall retain. The learned Tribunal had also awarded an amount of Rs.30,000/ - tinder the head of pains and sufferings, which also, I shall retain. The Tribunal has not provided for any amount of compensation under the head of special diet and attendant. I shall add Rs.2,500/ - for special diet and another Rs.2,500/ - for attendant charges, totalling to Rs.5,000/ -. Her injuries have left a thick scar (a keloid) in her hand. For loss of cosmetic value, I shall make an additional amount of Rs.5,000/ -.