RAJBALA Vs. SUNIL KUMAR AND OTHERS

JUDGEMENT

(1.) Rajbala wife of late Virender is in appeal against the award dated 31.03.2012 passed by the Motor Accident Claims Tribunal, Rohtak (for short, 'the Act'). She suffered 100% permanent disability in an accident that took place on 31.01.2011. She along with Jagdish was standing near Gandhra turn, village Ismailla on National Highway No. 10, and was waiting for a vehicle. A Mahindra Max jeep bearing registration No. HR-67- 4694 came from Rohtak side and hit the appellant. The jeep was being driven in a rash and negligent manner. The appellant sustained multiple grievous injuries. FIR was registered at Police Station Sampla.

(2.) A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') was filed. The Tribunal awarded a sum of Rs. 4,23,700/- along with interest at the rate of 6% per annum. The present appeal is for enhancement of compensation.

(3.) Learned counsel for the appellant argued that as per the certificate Ex.P40, the appellant suffered 100% permanent disability. She remained hospitalised from 01.02.2011 to 15.02.2011 in Chawla Nursing Home, Hisar and from 06.03.2011 to 18.05.2011 in PGIMS, Rohtak. His contention is that the compensation for permanent disability has been awarded without applying multiplier method and the amounts awarded under various heads are on lower side.