- (1.) THE present appeal has been filed by the appellant-claimant under section 173 of Motor Vehicles Act, 1973 (hereinafter referred to as the "the said Act ")seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal,Jaipur (hereinafter referred to as the "the Tribunal ") vide award dated 16.11.1998 in MACT Case No.831 of 1992.
(2.) IN the instant case, the appellant-claimant sustained injuries due to the accident which had taken place on 29.9.1992 when she was hit by a Mini Bus bearing registration No.RSA-6940. The appellant had claimed compensation to the tune of Rs.8,93,000.00 for the injuries sustained by her in the said accident. The Tribunal after appreciating the evidence on record has awarded Rs.18,000.00 for the injuries, Rs.30,000.00 towards permanent disability, Rs.20,000.00 for the pain and suffering, Rs. 2,000.00for nutritious food and other expenses and Rs. 529.00 towards the actual medical expenses. The Tribunal thus has awarded total amount of compensation to the tune of Rs.70,529.00 by the impugned award. It has been submitted by learned counsel Mr. Shobhit Tiwari for the appellant that the Tribunal has committed an error apparent on the face of record in not granting any amount under the head of future loss of income. He, referring to the evidence of the appellant and the Doctor recorded before the Tribunal submitted that because of partial permanent disability sustained by her, her promotional avenues would be adversely effected and she would have difficulty in carrying out routine duties as Police Constable. According to Mr. Tiwari, the amount awarded by the Tribunal being very meagre, considering the nature of partial permanent disability sustained by her, the amount of compensation should be enhanced to an appropriate compensation.
(3.) HOWEVER ,learned counsel Mr. HK Sharma for respondent No.3-insurance company submitted that the Tribunal has awarded just compensation, the same does not deserve any further enhancement.;