RATNI Vs. NAZEER

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THIS appeal is directed against the judgment/award dated 16. 05. 1997 passed by the Motor Accident Claims Tribunal, Ton in MAC No. 32/92 whereby a total compensation of Rs. 1,10,250/- has been awarded under different heads in respect of injuries sustained injured Chhagan Lal husband of the present appellant.

(3.) THE learned Tribunal while discussing issue No. 2 has considered that in the present case the accident took place on 17. 11. 91 and injured died on 26. 05. 1995 during the pendency of the claim application. THE Tribunal also considered that injured had sustained 14. 06% permanent disability. THE learned Tribunal also considered the arguments of the learned counsel for the Insurance Company to the effect that in the case of injury, the claim application abates on the date of death of the injured. THE Tribunal, therefore, awarded compensation treating the income of the appellant as Rs. 2000/- per month for a period of three and half years and awarded Rs. 84,000/- in this regard. It is relevant to mention that so far as monthly income of the injured determined by the Tribunal is concerned, the same has not been challenged by the learned counsel for the appellant during the course of arguments. THE Tribunal has also awarded Rs. 15,250/- towards treatment and further Rs. 6,000/- and Rs. 5,000/- respectively for transportation as well as healthy diet etc.