JUDGMENT

G. P. Mittal, J. (ORAL)

CM APPL. 21730/2011 (delay)

1. There is a delay of 44 days in filing the Appeal. For the reasons stated in the application, the Delay is condoned and the application is allowed.

MAC APP. 1077/2011

2. The Appeal is for enhancement of compensation of Rs.10,04,900/- awarded to the Appellant for having suffered injuries in an accident which occurred on 28.10.2007. The Appellant mainly suffered injury to her left eye which according to PW-2 Dr. Jolly Rohtagi, resulted in a disability of above 40% but less than 75%.

3. The Appellant had passed her 10+2 (Secondary School Examination). She wanted to pursue course in Chartered Accountancy (CA). The Motor Accident Claims Tribunal (the Claims Tribunal) in the absence of any evidence with regard to the Appellant's income took the minimum wages of a Matriculate i.e. Rs.3964/- per month, added 50% on account of inflation, took the loss of earning capacity to be 57% to award a compensation of Rs.6,15,420/-. The Claims Tribunal took the Loss of Earning for a period of six months to award a sum of Rs.23,784/- ( 3964/- x 6).

4. The Claims Tribunal awarded a sum of Rs.10,000/- towards Conveyance Charges,