KANCHAN Vs. RAJ KUMAR @ RAJI

JUDGEMENT

(1.) THE appeal is for enhancement of claim for compensation for injuries suffered in a motor accident that took place on 20.03.1994. The claimant was 26 years of age and was said to be a steno in a DAV School, Hisar. She had singing abilities and on the date of the accident, she was going in the respondent's maruti car for a stage performance. The car had hit against a truck but the truck driver did not stop the vehicle. The identity of the vehicle could not be traced. The claimant would contend that the driver of the car in which she was travelling was rash and negligent in his driving and on account of the accident, she had suffered very serious disabilities. She would contend that she had suffered a permanent disfigurement of her face, having lost 5 of her teeth, her jaw was fractured and the doctor, who treated her, had assessed 90% disability as appertaining to her face and 55% disability on her jaw.

(2.) I cannot quite understand as to how the assessment of disfigurement is made in terms of percentage. I have not had an occasion to see the petitioner -claimant, but I believe however that she was unmarried and her prospect of marriage have been seriously impaired on account of injuries on her face. She however stated that in evidence that she was continued in employment and the Tribunal has held that her injuries had caused impairment in her loss of earning capacity. Although the doctor, who examined her, had stated that he had charged Rs. 4,000/ - and she must have also incurred medical expenses of Rs. 30,000/ - but the Tribunal did not make any assessment as regards the same since the compensation could be made only on the basis of no fault liability.

(3.) THE award stands modified and the appeal is allowed to the above extent.