Research › Search › Judgment

Rajasthan High Court · body

2011 DIGILAW 2168 (RAJ)

Mamta v. Durgashankar Meena

2011-10-12

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—Vide impugned award dated 23.02.2007 learned Motor Accident Claims Tribunal, Bundi, has awarded total compensation of Rs.90,000/- with 6% per annum interest thereon, in favour of claimant-appellant, in MAC Case No.186/2005, for the injuries sustained by her in a motor accident took place on 30.06.2004. The appellant claimed a total compensation of Rs.22,34,000/-. Being aggrieved thereby, claimant-appellant has filed this appeal. 2. Learned counsel for appellant contended that at the time of accident appellant was 12 years of age. In the accident, she sustained fracture in both legs and hand and also sustained other grievous and simple injuries. The accident took place due to rash and negligent driving of the driver of offending vehicle. She remained hospitalized from 30.06.2004 to 14.07.2004. She has undergone an operation of her both legs and hand and fixed a rod in her leg. She remained under treatment for one year. On account of the injuries, she feels difficulty in doing her daily routine work. She suffered 20% permanent disability. Looking to age of and permanent disability suffered by the appellant, the amount of compensation awarded by the learned Tribunal is towards lower side. 3. The learned Tribunal, while awarding the compensation, considered facts that appellant remained hospitalized from 30.06.2004 to 14.07.2004 and remained under treatment for one year and suffered 20% permanent disability. The appellant suffered fractures in her both legs and hand. Learned Tribunal has awarded compensation of Rs.50000/- for permanent disability suffered by her. Learned Tribunal further awarded Rs.15,000/- for physical pain and mental agony suffered by her. It has also awarded Rs.4000/- under the head of nutritious food, Rs.8000/- under the head of medical attendant. The learned Tribunal has awarded Rs.13,000/- under the head of expenses incurred on medicines. Thus a total compensation of Rs.90,000/- with 6% per annum interest, has been awarded by the Tribunal. 4. Looking to all the facts and circumstances of the case, in my considered view, the ends of justice would meet in case the compensation of Rs.90,000/- is enhanced to Rs.1,00,000/-. 5. The appeal is partly allowed. The total amount of compensation of Rs.90,000/- awarded by the learned Tribunal under all heads, is enhanced to Rs.1,00,000/-. The appellant shall also be entitled to receive interest on the enhanced amount of compensation at the rate of 6% per annum from the date of filing of claim petition till the actual payment thereof.