NANDU BAI Vs. BADRILAL AND OTHERS

JUDGEMENT

(1.) THE appellant, Smt. Nandu Bai, is aggrieved by the award dated 26.9.2008 passed by the Motor Accident Claims Tribunal, Kota, whereby the learned Tribunal has granted her a compensation of Rs.18,840/ - along with an interest @ 6% per annum.

(2.) BRIEFLY the facts of the case are that on 27.5.2006 the appellant -claimant and her husband, Gajanand, were travelling from Tilaswan Mahadev Temple to Kunhadi, Kota on a motorcycle bearing registration No.RJ27 -M -6080. It is stated that Gajanand was riding the motorcycle at the normal speed and on correct side of the road. As they reached Nanta Road, a tractor, bearing registration No.RJ20 -R -9648, being rashly and negligently driven, came from behind, and hit the motorcycle. Consequently, Gajanand suffered severe injuries; later he died. The appellant -claimant Nandu Bai also received several injuries including fracture of leg. Due to the injuries suffered in a vehicular accident, she filed a claim petition before the learned Tribunal. After going through the oral and documentary evidence, the Tribunal granted a compensation as aforementioned. Hence this appeal before this Court.

(3.) MR . N.U. Qazi, the learned counsel for appellant, has raised the following contention before this Court : firstly, although the claimant had pleaded her income to be Rs.5,100/ - per month, the learned Tribunal has assessed her income merely as Rs.2,500/ - per month. Therefore, it has mis -assessed the appellant's income. Secondly, despite the fact that she had suffered a fracture of the Femur of the right leg and of the Pelvic Bone, in spite of the fact that she remained under treatment for two months, still the learned Tribunal has granted a compensation of Rs.20,000/ - in the non -pecuniary category of pain and agony. According to the learned counsel, the appellant deserves to be paid a higher compensation in the category of pain and agony.