- (1.) The claimant got her leg amputated because of the accident and thus claimed 42% disability. She claimed that she had to use public transport to avail her journey from house to the school as well as to the private tuition, which she was undertaking prior to the accident. She also claimed that she had spent a sum of Rs. 1 Lakh on account of medical expenses, however, could not adduce any evidence in support thereof. The Tribunal awarded a sum of Rs. 25,000/- towards compensation without any interest, however, in case the amount was not paid within the stipulated period the principal amount would carry interest at the rate of 9% per annum. Hence, this appeal by the appellant.
(2.) We have heard learned Counsel appearing for the parties.
(3.) In our view, once the physical disability was proved and factum of amputation was proved, the Tribunal should have allowed some medical expenses, even if no evidence was adduced on that score. At the same time the Tribunal should have considered her age and the physical disability, which she suffered because of the accident while calculating compensation on account of non-pecuniary loss.;