SEEMA HASTU Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The disabled claimant standing, aggrieved, by the award, rendered, by the learned Motor Accident Claims Tribunal, Chamba, Division Chamba, H.P. (for short "MACT"), upon, M.A.C. No. 35 of 2017, has, hence through the instant appeal before this Court, sought enhancement of the compensation amount, assessed therethrough, vis-a-vis, her.

(2.) The disabled claimant, stood entailed, with a 40% disability, as reflected in the disability certificate, borne in Ext. PW-4/A, and, hence her counsel contends, that, the learned MACT concerned, has failed to assess compensation, (a) qua her, despite, hers remaining hospitalized for six months, and, during the afore prolonged period of her hospitalization, hers' being granted earned leave, and, thereupon, on her superannuation, there hence occurring diminutions, vis-a ?-vis, the period, of, leave encashment, and, thereupon hers standing entitled, qua monetary values thereof being recompensed. However, the afore submission, addressed before this Court, by the learned counsel for the appellant, is destabilized, (i) as a thorough reading, of her testification, embodied in her affidavit, affidavit whereof stands borne, in, Ext. PW-1/A, and, exhibit whereof stood tendered, during the course, of, her examination-in-chief, rather not, carry any echoings in tandem therewith nor any documentary evidence, hence stood adduced, with echoings carried therein, vis-a ?-vis, the nature, of, leave applied, for, by the disabled claimant, (b), and, it carrying, the, concomitant effect, (ii) vis-a ?-vis, hence gross reductions, in the disabled claimants' entitlement, for, availing the requisite leave encashment, on her superannaution, standing encumbered hence upon her.

(3.) Furthermore, the learned counsel for the disabled claimant, also, contends that the afore gross percentum, of disability, entailed upon her, also rendering her, incapacitated to perform, domestic services rather both, during, the, prolonged period of her hospitalization, and, also subsequent, to, her recuperation, and, hence when she was constrained, to, engage the services, of, helping hand(s), (a) and hence the expenditures, incurred in respect(s) thereof, being also enjoined to be assessed, as compensation, vis-a ?-vis, her, (b) given there occurring, a, direct nexus, inter-se, the disability entailed, upon her, and, the domestic service(s)/helps, performing, the, afore hitherto chores, as, stood performed by her. Moreover, the afore submission is also bereft of any vigor, as no echoing, in tandem therewith, stands borne in her affidavit, adduced, into evidence, as Ext. PW-1/A nor any befitting documentary evidence, also, stands not adduced rather on record.