SMT. VASANIBAI Vs. RASHID KHAN AND OTHERS

JUDGEMENT

(1.) This is an appeal filed by the claimant under Sec. 173 of the Motor Vehicles Act against an award dated 18th Sept., 2006, passed by learned Additional M.A.C.T. Jobat, in Claim Case No. 141/2005. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 85,500.00, with interest to the claimants for the injuries sustained by appellant. According to claimants, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent

(2.) It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of claimants by the Tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any of the respondents such as owner/driver or Insurance Company either by way of cross appeal or cross objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

(3.) Learned counsel for the appellant submits that appellant is a lady, who was aged 45 years at the time of accident and was labour by profession. Appellant sustained compound fracture of Tibia & Fibula bone of right leg and also lacerated head injuries. After accident appellant was hospitalised at General Hospital Kheda, from where she was shitted to Civil Hospital Ahemdabad, where she was hospitalized as indoor patient from 28th July, 2004. Appellant was operated, external fixiter was fixed, which remain from 28th July, 2004 to 4th July, 2005. Appellant was again hospitalized at Alirajpur from 4th July, 2005 to 14th July, 2005. There was shortening of leg by 2 cms. and permanent disability was assessed as 40% which has been found proved by the learned Tribunal as 30%. It is submitted that learned Tribunal has awarded a sum of Rs. 85,500.00, breakup of which is as under : <FRM>JUDGEMENT_133_LAWS(MPH)8_2007.html</FRM>