REENA KUMARI Vs. RAM KISHORE PRASAD SINGH

JUDGEMENT

(1.) THE injured claimant/appellant has preferred this appeal for enhancement of compensation awarded by the Claims Tribunal. East Singhbhum at Jamshedpur in Compensation Case No. 17 of 2003. The claimant claimed a sum of Rs.3.00 lakhs by way of compensation for the injury sustained by her in a motor vehicle accident on 6.12.2001. When the claimant was coming from her native place along -with her aunt by a passenger bus bearing registration no. ER 01 A 2080, the said bus turned turtle, as a result of which, one child died and several passengers of the bus got severe injuries. Applicant Reena Kumari and her aunt had also got severe injuries. She was treated at M.G.M. Hospital as well as at Telco Hospital, Jamshedpur and incurred expenses of Rs.26,000/ in one hospital and total of Rs.50,0001 -. Due to the accident, she becomes disable up to the extent of 90%. Evidence was led by the claimant by examining witnesses including doctor (A.W.4) namely, Dr. A.B.K. Bhakla who deposed that on examining the claimant, he found 90% disability of functioning and the claimant is unable to lead her normal life.

(2.) THE Tribunal has also taken notice of the fact that during the pendency of the claim application, both father and the mother of the claimant died because of cancer and other decease. Now the claimant is looked after by his uncle who is her guardian. Tribunal has relied upon the evidence of 90% disability of the claimant, but in spite of that, has awarded only a sum of Rs.67,000/ -.

(3.) WE , therefore, allow this appeal and enhance the compensation amount up to Rs.3.00 lakhs. We also modify the Award by directing that out of the said compensation of Rs. 3.00 lakhs, a sum of Rs.2.00 lakhs shall be kept in long term deposit in the name of the claimant. which shall be withdrawn by her only after attaining the age of 25 years. The balance amount of compensation shall be spent for the treatment and livelihood of the claimant. The uncle of the claimant, who has become guardian of the claimant, shall see that the amount of compensation may not be spent for any other purposes other than the use of the claimant.