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1995 Supreme(MP) 200
R.D. Shukla, D Verma
Sajanbai
vs
Illias Mohd.
Decided on : 6 February, 1995
The court upheld the compensation awarded to the appellant, considering the extent of her permanent partial disability and the impact on her ability to work.
Headnote:
Compensation - Motor Accident - The court upheld the compensation awarded to the appellant for sustaining injuries in a motor accident, considering the extent of her permanent partial disability and the impact on her ability to work.
Fact of the Case:
The appellant sustained injuries in a motor accident, resulting in a permanent partial disability. The tribunal awarded compensation for treatment expenses, physical pain, and general damages.
Finding of the Court:
The court found that the compensation awarded for the appellant's injuries was just and proper, considering the extent of her disability and its impact on her ability to work.
Issues: The main issue was the adequacy of the compensation awarded for the appellant's injuries sustained in the motor accident.
Ratio Decidendi: The court considered the evidence of the appellant's injuries, including the extent of her permanent partial disability and its impact on her ability to work, in upholding the awarded compensation.
Final Decision: The appeal was dismissed without notice to the opposite party, affirming the compensation awarded to the appellant for her injuries sustained in the motor accident.
R.D. Shukla and Deepak Verma, JJ.
1. Heard Mr. S. Patwa for appellant on admission.
2. This appeal is directed against the award dated 25.6.1993 of M.A.C.T., Mhow, passed in Claim Case No. 95 of 1987, whereby the appellant has been awarded compensation of Rs. 46,000/- in all for having sustained injury in the motor accident on 9.11.1985.
3. This is not in dispute that Mangilal, husband of present appellant, was driving a motor cycle No. MPM 9017 and they were proceeding from Kadampura to Mhow. One truck No. MBC 1632, driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3 came at a high speed and dashed against the motor cycle. Sajanbai, appellant, was injured, she sustained fracture of femur and the right patela bone. Mangilal died in the accident. Two separate claim petitions were filed.
4. Learned Tribunal on the claim petition filed by the present appellant for her injuries has awarded Rs. 6,000/- towards expenses for treatment, Rs. 15,000/- for the physical pain and agony and Rs. 25,000 as general damages.
5. The evidence of the doctor, as discussed in para 13 of the judgment, shows that there was a fracture in femur which has been united now and the fracture of right patela which had to be removed, has caused shortening of the leg by two inches. This has created a permanent partial disability to the extent of 30 per cent.
6. The appellant, a housewife, is also looking after agricultural work. She can pursue those works by using a high heel shoe or chappals as well. Rs. 40,000/- awarded for physical pain and for general damages, if deposited in a nationalised bank, is likely to fetch an interest nearly of Rs. 400/- p.m. and that would be more than 30 per cent earnings of the appellant.
7. In such a situation it cannot be said that the compensation awarded is unjust or in any way less than amount which ought to have been awarded. In our opinion, the compensation appears to be just and proper and calls for no interference. As such the appeal is dismissed without notice to the opposite party.
