RAJINDERWANT KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the Award dated August 10, 1994 passed by Motor Accident Claims Tribunal, Chandigarh (for short, "Tribunal") whereby while disposing of the claim petition preferred under Section 166 of the Motor Vehicles Act, 1988 (for brevity, "the Act"), a sum of Rs. 55,000/ - was awarded on account of injuries sustained by appellant -claimant in a vehicular accident occurred on April 30, 1989, in the area of Sector 27, Chandigarh, due to the rash and negligent driving of bus belonging to Chandigarh Transport Undertaking bearing registration No. CHW 8339. Through the instant appeal, appellant -claimant sought modification of award by way of enhancement of compensation.

(2.) THE impugned award has been assailed by learned counsel for appellant contending that ld. Tribunal while awarding compensation has not taken into consideration the fact that appellant is permanently injured in as much as she has lost her memory due to head injury. She is not fit for house hold working due to permanent nature of injury and a regular female servant is regularly employed. She remained under treatment continuously for 19 months from May, 1990 to November 1991. At the time, she also remained unconscious for about 6 weeks. Even during her treatment in the hospital, she developed diabetes insipidus and bilateral parotitis with left parotid abscess. All these developed deceases coupled with the fracture in the right ribs as well as fracture of left clavicle bone caused mental as well as physical pain and agony. The ld. Tribunal has only awarded a sum of Rs. 30,000/ - on account of pain, discomfort and inconvenience suffered by appellant -claimant and a sum of Rs. 25,000/ - on account of medical treatment which is on lower side and cannot be termed to be either just or adequate, which deserves to be enhanced.

(3.) THIS Court has given a deep thought to the aforesaid submission made by learned counsel for appellant and has also gone through the impugned award.