NIRMALA Vs. BHAGWANA RAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 9. 2. 1995 passed by the Most Accident Claims Tribunal, Bhilwara (hereinafter referred to as `the Tribunal') in Claim case No. 719/92 (152/92) by which the Tribunal awarded compensation for a sum of Rs. 99,000/- in favour of the appellant and against the respondents.

(2.) BEING aggrieved and dis-satisfied by the quantum of compensation awarded, the appellant filed this appeal seeking enhancement of the Award.

(3.) IT is contended by learned counsel Mr. Surendra Singh Jodha appearing on behalf of the appellant that the the Tribunal fell in error while computing the compensation which resulted in awarding inadequate compensation. He contended that the compensation awarded by the Tribunal is too low and do not commensurate with that of the injuries sustained which resulted in permanent disablement to the extent of 25 percent. He also contended that the appellant sustained severe injuries on both the legs and other parts of the body, for which, she had undergone for long treatment at bhilwara and Ahmedabad. She remained on leave during her treatment for a period of 290 days. He further contended that at the time of accident, the appellant's age was 39 years. She underwent as many as three operations at Sheth Vadilal Sarabnbai General Hospital, Ahmedabad. At the relevant time, she was holding the post of Sectional Education Officer in the Education Department of State Government and her monthly income was Rs. 3,420/ -. He further contended that the appellant is entitled for compensation for loss of income for the leave period and for future, expenses on treatment, nourishment, attendants and conveyance etc. as claimed. He further contended that the injuries resulted in permanent disablement to the extent of 25 per cent and, therefore, the appellant is entitled for pecuniary and non- pecuniary damages.