REMI BEGUM Vs. RIMUTAZ AHMED AND OTHERS

JUDGEMENT

(1.) The appellant is aggrieved by an award dated 30/6/2003 passed by the adhoc Additional District Judge and Member, Motor Accident Claims Tribunal, Kamrup, in MAC Case No. 999/2003 (MAC 263/99). From the award, it appears that the appellant/claimant was traveling in a rickshaw which was struck from behind by a bus. The claimant fell down from the Rickshaw and sustained injuries. The injuries sustained by the claimant resulted in her having a physical disability of 50% as certified by the Gauhati Medical College and Hospital. The claimant is unable to move freely and has to use a crutch. The Tribunal noted that she had come to Court in a crutch. In any case, in view of the certificate given by the Gauhati Medical College and Hospital, there is no doubt that the claimant suffered 50% disability which is permanent in nature.

(2.) The claimant has no parents, her father having died in 1989. For her survival, she had no option but to earn by doing tailoring and stitching. According to the claimant, she was earning Rs.2,500.00 per month. The Tribunal took her monthly income to be Rs.2000.00 and considering her age and appropriate multiplier, the Tribunal awarded Rs.4,08,000.00 but since her disability was 50% the amount awarded to her was 2,04,000.00.

(3.) In addition to the amount awarded, some amount towards medical expenses, pain and suffering and loss of amenities. The total amount awarded was Rs.2,92,000.00. Feeling aggrieved, the appellant is in appeal for enhancement of the award on the basis of the monthly income.