TARAWANTI Vs. GURCHARAN SINGH AND OTHERS

JUDGEMENT

(1.) Challenge in this appeal is to the Award dated 21.02.2005 passed by the learned Motor Accidents Claims Tribunal, Fatehabad, (for brevity, 'the Tribunal'), whereby Rs. 1,05,000/- (Rupees one lac and five thousand only) along with interest @ 9% per annum from the date of filing of the petition till realisation were awarded to the appellant.

(2.) Learned counsel for the appellant-claimant submits that the learned Tribunal has awarded a meagre amount of Rs. 25,000/- (Rupees twenty-five thousand only) towards disability, attendant charges, transportation charges and special diet. He further points out that same is the position with regard to an amount of Rs. 15,000/- (Rupees fifteen thousand only) awarded under the heads 'pain and suffering' and 'loss of amenities of life'. To elaborate his arguments, the learned counsel submits that the appellant-claimant, Smt. Tarawanti, who was aged about 50 years at the time of accident, had suffered fracture of both the femur bones, which were the strongest bones of the human body. On account of sustaining such grievous injuries, the appellant-claimant had to remain confined to bed for at least one year. He further submits that in the same accident the husband of the appellant had also sustained the serious injuries and, as such, an attendant was engaged to look after the appellant-claimant.

(3.) On the other hand, the learned counsel for the respondents submitted that there was no evidence to the effect that the appellant-claimant had engaged an attendant to look after her and, as such, the learned Tribunal had rightly awarded the amount to the appellant-claimant and there was no scope for enhancement.