Jashoda (Smt.) vs Bhag Chand and Others

Dr. Vineet Kothari, J.—The present appeal is directed against the award dt. 14.11.2011 passed by the learned judge, Motor Accidents Claim Tribunal, Udaipur in MAC Case No. 815/2008 whereby the learned Tribunal has awarded a sum of Rs. 1,35,000/- for the injuries suffered by the appellant On 25.08.2008, Trolla No. HR-55/F-5705 being driven by the respondent No. 1 rashly and negligently hit the mini bus No. RJ-27/PA-0622 which was standing on the side of the road. The said mini bus thereafter hit the jeep No. RJ-06/T-0321, due to which the passengers sitting in the jeep, namely, Smt. Jashoda, Dinesh Solanki, Smt. Kanchan, Rajendra, Om Prakash Sharma, Pratap Singh and Smt. Vardi Bai received injuries and Dinesh Solanki and Pratap Singh later on succumbed to the injuries.

The injured Smt. Jashoda suffered fracture of femur bone of left leg and a steel rod was inserted in the left leg. The injured was 27 years of age at the time of accident.

The learned Tribunal has awarded a sum of Rs. 1,35,000/- as compenastion for the said injuries under different heads. The learned Tribunal has awarded a sum of Rs. 25,000/- for the mental and physical agony, Rs. 60,000/- for the permanent disability, and Rs. 50,000/- for medical reimbursement and other misc. expenses.

The learned counsel for the appellant submitted that the compensation awarded by the learned Tribunal is on the lower side under different heads including the loss of income.

In the opinion of this Court, the impugned award is just and proper and no interference is called for in the same. The compenastion awarded by the learned Tribunal is adequate. Consequently, the present appeal is found to be devoid of merit and me same is accordingly dismissed. No order as to costs. A copy of this order be sent to the learned Tribunal as well as opposite party forthwith.