JUDGEMENT
KULSHRESTHA, J. -
(1.)AGGRIEVED by the inadequacy of the compensation
awarded by the Motor Accident Claims Tribunal, Raisen vide Award
dated 18.11.1998 passed in Claim Case No. 38/96, the claimant has
preferred this appeal u/s 173 of the Motor Vehicles Act, 1988 for
enhancement.
(2.)IT was not in dispute before the Tribunal that Truck bearing registration
No. CII 1567 was insured with the respondent No. 5 Oriental Insurance
Company and that the bus bearing registration No. MP 09 SO125 was
insured with respondent No. 6 New India Insurance Company and the
insurance policy was in force on the date of the accident i.e. on 7.6.1993.
According to the case of the claimant, while on 7.6.1993 at 9.30 p.m. she
was travelling in the Video Coach bus bearing No. MP-09-SO125 from
Sagar to Raisen, near village Murpar, there was collision with an on-
coming Truck CII 1567 on account of rash and negligent driving of the
driver of the truck and the bus, both. As a result of the accident, she
sustained a fracture in her right hand, lost her teeth and sustained various
other injuries on her hands and legs and was hospitalised in Dipak Nursing
Home for 15 days. She was, on account of her injuries, prevented from
helping her husband in the business of 'chat thela' and thus suffered a loss
of Rs. 14,000/-. In addition, she spent on medicine and X Ray Rs. 11,000/-,
in Choithram Hospital Rs. 5,000/-, in Bareli she spent Rs. 2,000/-, in
Indore she spent Rs. 2,500/- and she gave Rs. 7,000/- for treatment to Dr.
Batra. The claimant, therefore, claimed this amount together with a sum
of Rs. 1,00,000/- for permanent disability and Rs. 50,000/- for pain and
suffering. Thus, a sum of Rs. 2,15,000/- was claimed together with 18%
interest.
The Claims Tribunal, on evaluation of the evidence before it, has
awarded a sum of Rs. 15,000/- with 12% interest thereon from the date
of the application, to the claimant. Aggrieved by the inadequacy of the
compensation, the claimant has filed this appeal.
(3.)LEARNED counsel for the claimant has submitted that there was
evidence before the Tribunal that the claimant was hospitalised and her
hand was kept in plaster because of the fracture with the result, she could
not render assistance to her husband in his business and for this period the
Tribunal has not adequately compensated the claimant. Learned counsel
has further submitted that compensation has not been awarded for the
expenses incurred on medical treatment and for pain and suffering. The
Tribunal has observed that the claimant had sustained a simple fracture
in her had which normally takes 3 to 4 months to unite and, therefore, she
could not be believed that she was prevented by the said fracture from
preparing the 'chat' for her husband's business for a period of two to two
and a half years. However, the amount of Rs. 2,000/- awarded on this
count does not appear to be adequate. For the loss of work for a period of
about 4 to 5 months, the claimant deserves to be awarded a sum of
Rs. 4,000/-. Accordingly, the amount is enhanced from Rs. 2,000/- to
Rs. 4,000/-.
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