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2012 Supreme(Del) 2952

G.P.MITTAL
Manorama Jain – Appellant
Versus
D. D. A. – Respondent


Through Mr. Navneet Goyal with Ms. Suman N. Rawat, Advocates
Through Mr. Vaibhav Mirg with Mr. Arun Birbal, Advocates

JUDGMENT :

G.P. Mittal, J.


1. These two Appeals (FAO. 253/2000 and FAO. 261/2000) arise out of a common judgment dated 18.03.2000 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a compensation of Rs.1,30,000/- and Rs.35,000/- was awarded in favour of Appellants Manorama Jain and Subhash Chand Jain respectively for having suffered injuries in a motor vehicle accident which occurred on 15.05.1983.

2. The finding on negligence has not been challenged by the Respondents (the driver and the owner of the offending vehicle); thus the same has attained finality.

3. The following contentions are raised on behalf of the Appellants:

(i) In case of Appellant Manorama Jain, she suffered permanent disability to the extent of 80%; award of lump sum compensation of Rs.20,000/- towards permanent disability is on the lower side.

(ii) No compensation was awarded towards loss of amenities.

(iii) In case of Appellant Subhash Chand Jain, it is stated that no compensation was awarded towards loss of amenities and the compensation awarded under pecuniary and non-pecuniary heads is low.

(iv) This Claim Petition was filed in the year 1983, but no interest was awarded to the Appellant.

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