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Judgment
This appeal is by the claimant seeking for enhancement of the compensation awarded by the Tribunal. By the impugned judgment, the Tribunal has awarded a compensation of Rs.83,700/- along with interest thereon @ 6% p.a. from the date of claim petition till the date of realization for the injuries sustained by the appellant in a motor vehicle accident that occurred on 22.5.2014 when she was walking on the side of a road at 7.00 p.m.
Learned counsel appearing for the appellant submitted that the compensation assessed is on the lower side and requires to be appropriately enhanced.
I have perused the impugned judgment. The appellant had suffered two simple injuries and one grievous injury in the accident. It is relevant to refer to the following observations made by the Tribunal:
"16. ................................................................................ ................................ In the cross-examination of P.W-2 he has specifically admitted that, he was not the treated Doctor of P.W-1 and admittedly P.W-2 has not assessed functional disability of P.W-1. On going through the wound certificate-Ex.P-9 there are two simple injuries and one grievous injury on the right knee. But for such two simple injuries and one grievous injury 15% disability which is assessed by the Doctor is not proper. Since it is not assessed with regard to the injuries sustained and disability sustained by P.W-1 due to injuries of the road traffic accident is not properly assessed or explained by the Doctor-P.W-2. Hence 15% disability to the particular limb cannot be taken into consideration. Hence, it can be safely held that by providing physiotherapy the restriction can be cured. Admittedly, P.W-2 is not examined any documents with regard to the physiotherapy provided to P.W-1 in the hospital. Hence the evidence of P.W-2 cannot be believed to consider 15% permanent disability to right lower limb of P.W-1. Hence, P.W-1 is not entitled for any compensation under the head loss of future earnings and prospects due to sustaining of permanent disability in the road traffic accident."
(Underlining supplied)
On the facts of the case, in my opinion, it cannot be said that the compensation of Rs.83,700/- awarded by the Tribunal is inadequate. The appeal is devoid of merit and it is accordingly dismissed.
Appeal dismissed.