VEENA BANSAL Vs. CHANDIGARH TRANSPORT UNDERTAKING AND ANOTHER

JUDGEMENT

(1.) The appellant, who was injured in a motor vehicle accident on 8.10.1996, has sought enhancement of the compensation granted to her by the Motor Accident Claims Tribunal, Chandigarh, vide award dated 8.8.2000. She was awarded Rs.90,000/- along with interest, which was cumulatively given for medicines, pain and suffering and transportation etc.

(2.) Learned counsel for the appellant argued that the injured was a doctor, Gynaecologist to be precise and after the accident she had to be given desk job. As she was unable to stand due to 100% disability in one of the lower limbs, she was unable to perform her duties as a Gynaecologist. It was contended that so far as the disability, which was to the tune of 40% in relation to the whole body and 100% qua the limb, is concerned, it did not weigh in the mind of the Tribunal as to what effect the disability had on the life of the appellant. Simply because she was still in service, nothing was awarded towards loss of earning capacity.

(3.) Out of the total amount of Rs.90,000/-, an amount of Rs.16,364.80P. had been spent on medicine etc. and the compensation awarded for all the other heads was something around Rs.73/74,000/-, which was highly inadequate according to the appellant. It was also contended on behalf of the appellant that on account of tremendous mental and physical agony and the extent of disability, an amount commensurate to the same should have been awarded, though no amount of money could otherwise compensate the appellant for the disability incurred by her.