JUDGEMENT
Amarjeet Chaudhary, J. -
(1.) THIS order will dispose of FAO No. 1165 of 1985 filed by the New India Assurance Co. Ltd., and Cross -Objection No. 6 -CII of 1986 filed by Smt. Renu Walia, claimant -Objector the have arisen out of the common award of the Motor Accident Claims, Tribunal, of Kurukshetra.
(2.) IN the appeal, the challenge to the award is that the Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as the Tribunal) vide its award dated 27.5.1985 had awarded Rs. 1,43,000/ - as compensation to Smt. Renu Walia, under various heads which is on the higher side. In the cross -objection, the plea taken by the claimant -objector is that the Tribunal had not awarded sufficient compensation for the injuries sustained by her. According to the claimant -objector, the Tribunal while awarding compensation had not taken into consideration the nature of injuries, permanent disability suffered by her, expenses incurred on medical treatment, for pain and suffering, loss of enjoyment of life, expenditure to be incurred on future treatment, transport and for general damages. Therefore, the claimant has prayed for enhancement of the compensation to Rs. 2 lacs from Rs. 1,43,000/ -.
(3.) THE brief history of the case which led to the filing of the appeal and cross objection is that Smt. Renu Walia, had filed a claim petition before the Motor Accident Claims Tribunal, Kurukshetra claiming Rs. two lacs, as compensation for the injuries sustained by her in a car accident on 242.1984. In the cross -objection, the claimant objector has restricted her claim to Rs. two lacs. However, the Motor Accident Claims Tribunal, vide its award dated 275:1985 had awarded a compensation of Rs. 1,43,000/ - on various heads which read as under: -
(i) For expenditure incurred Rs. 35,000/ - (ii) For future operation Rs. 5,000/ - (iii) Amount of medical expenditure to be incurred Rs. 5,000/ - (iv) For pain and suffering Rs. 20,000/ - (v) For loss of enjoyment of life. Rs. 20,000/ - (vi) Expenditure be incurred on transportation in future Rs. 10,000/ - (vii) General damages @ Rs. 250/ - P.M. for 16 years Rs. 48,000/ - - - - - - - Total: - Rs. 1,43,000/ - - - - - - -
In addition, the claimant Renu Walia was also awarded interest @ 12% P.A. from the date of claim petition till realisation.;
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