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SMT.MEVA DEVI versus MOOL CHAND

High Court of Rajasthan

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SMT.MEVA DEVI v MOOL CHAND - CMA Case No. 80 of 1995 [2006] RD-RJ 1622 (21 July 2006)

CMA 80/95 //1//

Civil Misc. App. No.80/1995

Smt. Mewa Devi Versus Parevesh Kumar & Anr.

Date of Order ::: 21/07/06

Hon'ble Mr. Justice Ajay Rastogi

None present for appellant (Claimant)

Instant appeal has been filed for enhancement of compensation of Rs.35,000/- awarded by

Motor Accident Claims Tribunal, Jaipur City vide

Award dt.20/09/94 in MAC No.681/92.

Claimant Mewa Devi aged 50 years sustained injuries in a motor accident on 11/01/03 while she alongwith her husband goining on scooter No.RJ-14-3M 4768, was dashed by matador (Mini bus) No.RNP 2258 due to rash and negligent driving. In the said accident, appellant sustained grievous injuries and remained hospitalized in SMS Hospital for four days.

Medical Board opined 25% as permanent disability to her as is evident from Ex.1.

As alleged in claim petition, injured appellant was having her independent monthly income of Rs.1,000/- from work of knitting and weaving and due to accident, she has to engage maid servant for

Rs.400/- per month. Except oral statement of claimant, to substantiate about monthly income, no material was placed on record, hence after taking note of totality of facts made available, learned

Tribunal keeping in view 25% permanent disability as opined in medical certificate (Ex.1) and one grievous injury as assigned vide X-ray report (Ex.6), in all awarded lump sum compensation of Rs.35,000/-. I have gone through Award impugned. What has been awarded by

Tribunal under all heads, in my opinion, being just

CMA 80/95 //2// and requires no interference by this Court.

Consequently, this appeal fails and is hereby dismissed. Record be sent back to concerned

Tribunal.

(Ajay Rastogi), J.

K.Khatri/80CMA1995.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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