R S R T C Vs. SANTOSH

JUDGEMENT

(1.) THE present appeal has been filed by the Corporation, against the award of Motor Accident Claims Tribunal, Bali, dated 15.7.1999, decreeing the claim for a sum of Rs. 1,73,600/ -, and directing this amount, to carry interest @ 6% per annum, from 6.10.1997 till realisation. The claimant has filed a cross -objection, seeking enhancement of the award.

(2.) THE facts of the case are that on 26.5.1997, the claimant along with her other family members was going from Falna to Ranakpur, in a car No. RSJ -7935, when they proceeded about four kilometers ahead of Bali, before village Kotbalian, the Corporation's bus No. RJ 14 -P -2231 came from the opposite direction, being driven negligently, banged against the car, as a result of which, right hand of the claimant was severely injured, rather the hand was separated from near elbow. With these allegations of facts, it was claimed, that the claimant belongs to ordinary family, who earn their livelihood by running Tiffin service, wherein the claimant was also actively assisting, and was also undertaking tuitions of infants, and thus, she was earning Rs. 3000/ - per month. Claiming the amount for loss of income, medical expenditure, and under various other heads, a total amount of Rs. 11,44,998/ - was claimed.

(3.) THE learned Trial Court framed 5 issues, decided issues No. 1 and 4, relating to negligence/contributory negligence, against the appellant, while issue No. 3 was also decided against the appellant, which related to the question about the owner and insurer of the car, being necessary party. Then while deciding issue No. 2, relating to quantum of compensation, learned trial Court held the claimant to be entitled to Rs. 25,000/ - for medical expenditure, Rs. 10,000/ - for travelling, and expenditure, incurred while she was in hospital, then Rs. 3600/ - has been awarded for the expenditure, incurred in keeping attendant for a period of three months. Then, a sum of Rs. 50,000/ - has been assessed for permanent disablement found by the learned Trial Court to be 60%. Then, a sum of Rs. 60,000/ - has been assessed as compensation for mental pain and agony. Thus, a total amount of Rs. 1,73,600/ - has been assessed and awarded.