ORDER :

Pushpendra Singh Bhati, J.

S.B. Civil Misc. Appeal No. 1281/2010:

1. This misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant-claimant claiming the following relief:

"It is, therefore, prayed that this appeal may kindly be allowed, the impugned judgment and order dated 09.08.2010 may kindly be modified and the claim petition filed by the appellants may kindly be allowed in toto with costs throughout."

2. The accident in question had happened on 01.07.2008 when the claimant was travelling by a Car bearing registration No. UP78 AG 8770, and the said Car met with an accident with another vehicle bearing registration No. GJ12 W 8800, which resulted into car turning turtle and the claimant getting injured. The learned Tribunal while deciding the claim on 09.08.2010 has arrived at a conclusion that the claimant was entitled for Rs. 14000/- for four injuries received by her and pain no account of such injuries; and also Rs. 48200/- on account of the medical bills. The Tribunal has also arrived at a conclusion that the appellant was having seven months' old female foetus in her womb and the dead child had to be removed after operation.

3. This is an appeal for enhancement of compensation for the injuries and while taking into account the four injuries and adopting RALSA guidelines, this Court finds that the amount awarded for the injuries is sufficient. The amount awarded for the medical bills is also justified as the bills were on record. The averments made by learned counsel for the appellant-claimant that no amount for hospitalization or loss of income has been granted is not justified as the income of the lady has not been proved before the learned Tribunal, and thus, the impugned award does not call for any interference.

4. Hence, the appeal is dismissed. All the pending applications stand disposed of.

S.B. Civil Misc. Appeal No. 1280/2010:

1. This misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants-claimants claiming the following relief:

"It is, therefore, prayed that this appeal may kindly be allowed, the impugned judgment and order dated 09.08.2010 may kindly be set aside and the claim petition filed by the appellants may kindly be allowed in toto with costs throughout."

2. The accident in question had happened on 01.07.2008 when the claimant was travelling by a Car bearing registration No. UP78 AG 8770, and the said Car met with an accident with another vehicle bearing registration No. GJ12 W 8800, which resulted into car turning turtle and the claimant getting injured. On account of such accident, the seven months' female foetus which the claimant was carrying in her womb was delivered dead. Therefore, the learned Tribunal has rejected the claim petitioner.

3. The claim is for compensation on account of death of seven months' female foetus, which the claimant was carrying in her womb and was delivered dead.

4. Learned counsel for the appellant has relied upon the judgment rendered by the Hon'ble Delhi Court in Prakash & Ors. Vs. Arun Kumar Saini & Anr. reported in 2010 ACJ 2184, relevant portion of which reads as under:

"18. The learned Counsel for the appellants refers and relies upon the judgment of this Court in the case of National Insurance Co. Ltd. v. Farzana MAC APP. No. 13/2007 decided on 14th July, 2009 in which compensation of Rs. 3,75,000/- has been determined in respect of the death of a child aged 7 years, following the judgments of the Hon'ble Supreme Court and this Court in the cases of Manju Devi v. Musafir Paswan, Sobhagya Devi v. Sukhvir Singh : II (2006) ACC 1997, Syam Narayan v. Kitty Tours & Travels: 2006 ACJ 320, R.K. Malik v. Kiran Pal : III (2006) ACC 261, R.K. Malik v. Kiran Pal : 2009 (8) Scale 451. This Court held as under:-

4. In the case of Manju Devi v. Musafir Paswan, the Hon'ble Supreme Court awarded compensation of Rs. 2,25,000/- in respect of death of a 13-years old boy by applying the multiplier of 15 a