OMPATI @ OM DEVI Vs. SUBHASH

JUDGEMENT

(1.) CLAIMANT -appellant is in appeal before this Court and seek enhancement of compensation, awarded by Motor Accidents Claims Tribunal, Jhajjar (hereinafter to be referred as 'The Tribunal'), vide award dated 21.02.2006.

(2.) RELEVANT facts for the purpose of decision of the present appeal that on 25.06.2003, claimant along with her son was going and meanwhile truck bearing registration No.HR -55C/2525, which was being driven by respondent No.1 in rash and negligent manner and at a high speed came from the opposite side and struck against the claimant while coming to the wrong side. Claimant sustained serious and grievous injuries. The matter was reported to the police. The claim petition was filed. 'The Tribunal' after considering the material and evidence available on file, awarded compensation of Rs. 4,10,000/ -. Claimant being dissatisfied with the Award of amount is in appeal before this Court.

(3.) AT the time of arguments, Mr. Kulvir Narwal, Advocate, learned counsel for the appellant took the plea that 'The Tribunal' has not awarded just compensation because as per law laid down by Hon'ble Supreme Court in case Lata Wadhwa Vs. State of Bihar, 2001 AIR(SC) 3218, income of house maker is to be taken. More so, as per law laid down by Hon'ble Supreme Court in case Rajesh and others vs. Rajbir Singh and others, 2013 9 SCC 54, enhancement on account of future earnings is to be added keeping in view the age of the injured in such cases. 'The Tribunal' has not awarded any amount on account of attendant charges, enjoyment of life. So, the compensation be enhanced suitably.