High Court Madhya Pradesh High Court

Kumari Indira vs Achal Singh And Ors. on 12 July, 2005

Madhya Pradesh High Court
Kumari Indira vs Achal Singh And Ors. on 12 July, 2005
Equivalent citations: II (2006) ACC 346
Author: R Menon
Bench: R Menon


JUDGMENT

Rajendra Menon, J.

1. Records indicate that when the matter was listed before the Lok Adalat on 2nd July, 2005 then also none appeared for claimant.

2. This appeal under Section 173 of the Motor Accident Claims Tribunal is for enhancing of the compensation awarded by the Motor Accident Claims Tribunal, Guna in Claim Case No. 112/96 by award dated 4th October, 2000. By the aforesaid award for the injury sustained by the claimant in the accident a sum of Rs. 35,000 (Rupees thirty five thousand only) was awarded to appellant against a claim made for more than Rs. 15,00,000 (Rupees fifteen lacs only).

3. Claimant sustained injury when she met with an accident on 5th August, 1996 in the evening at 6.15 when the vehicle in question being M.P. 04-J/2576 was carrying various passengers, appellant was one of them when the vehicle collided with a tanker No. HR 29-A/0559 coming from the opposite direction. Said tanker was insured by respondent No. 3 and liability to pay compensation has been casted on owner and Insurance Company of this vehicle.

4. Appellant claims that for treatment and injury sustained by her, the award 9 of compensation made is very low and seeks enhancement of the compensation. A perusal of the award and reason given by the Tribunal in awarding the compensation, it is seen that after considering the statement of Dr. B.M. Shrivastava it is seen that in the accident, appellant sustained injury in her face and lost four teeth. On the basis of the medical report submitted a finding has been recorded that the appellant is entitled to total compensation of Rs. 35,000 (Rupees thirty five thousand only) after considering the expenses incurred by her for treatment. According to said document, appellant has incurred only expenses of Rs. 7,000 (Rupees seven thousand only) to Rs. 8,000 (Rupees eight thousand only).

5. Considering the reasons given and assessment of compensation made on the basis of which, no case is made out for enhancement of compensation. Appellant having not sustained any permanent disablement, I find no ground to interfere in the award.

6. Accordingly, finding no ground to interfere, appeal stands dismissed b without any order as to costs.