J.C.VERMA,J. - (1.) THE present Misc. Appeal has been preferred challenging the award dated 17.1.1998 passed by Motor Accident Claims Tribunal, Jaipur City, Jaipur in MACT Case No. 66/1992 whereby the claimant has been awarded the compensation of Rs. 1,40,000/ - only. This present appeal has been filed for enhancement of the award.
(2.) THE claimant had sustained the injuries in the accident occurred on 21.8.1991 when she was travelling in the mini bus No. RJ -14/P -0374 to go to Vidhyadhar Nagar, Jaipur when the other vehicle Metador No. RJ -14/G -1137 had struck the mini bus, due to which the claimant sustained serious injuries. She was taken to SMS Hospital, Jaipur. The injured sustained fracture in hand, dislocation of elbow which became unstable and fingers shifted. She remained admitted in hospital for about one month at two times and she was operated open on 17.12.1991. As per medical opinion she suffered permanent disability to the extent of 90%. It is stated that the claimant is unable to perform home duties. She was earning Rs. 2,000/ - per month from sewing prior to the accident. Apart from the oral evidence the documents were also exhibited. After framing the required issues in regard to accident, negligence and quantum of compensation, the Tribunal considered the statements of witnesses and the documents, it was held by the Tribunal that the accident had been caused because of negligence of the driver of the Metador. The claimant was earning Rs. 2,000/ - per month by sewing. She remained admitted in hospital. She sustained the permanent disability to the extent of 90%. The Tribunal had awarded Rs. 1,25,000/ - for loss of income, Rs. 10,000/ - for the suffering and injuries and Rs. 5,000/ - for special diet and medical expenses. The total compensation Rs. 1,40/000/ - only has been awarded.
(3.) FOR the reason that the appeal has been filed for enhancement of the compensation, there is hardly any necessity to enter into other aspect of the case i.e. in regard to negligence or the manner in which the accident had taken place. No counter appeal has been filed by any of the respondents.;