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GATU BAI v BHERU LAL & ORS. - CMA Case No. 545 of 2007 [2007] RD-RJ 782 (8 February 2007)

13 S.B. CIVIL MISC. APPEAL NO.545/2007.

Gatu Bai Vs. Bheru Lal & Ors.

Date of Order :: 8th February 2007.


Mr. Manish Pitaliya, for the appellant. ...

Heard learned counsel for the claimant appellant and perused the award impugned.

By way of this appeal, the claimant seeks enhancement over the amount of Rs.65,000/- awarded by the

Tribunal towards compensation for the loss suffered by her due to the injuries sustained in accident.

It appears that the claimant has not been forth- right in making her submissions particularly in relation to her age that has been stated at 55 years in the claim application, at 65 years in her statements recorded on 14.09.2005, and at 57 years in the memo of appeal filed before this Court on 03.04.2006.

A perusal of her statement further shows that she has not suffered any such permanent disablement for which any further amount towards pecuniary or non-pecuniary loss is required to be granted. She has stated in her cross- examination that she continues to work on the fields and on grazing the cattle. She has stated want of knowledge if her age was above 80 years. // 2 //

In the circumstances of the case where the claimant has been shown to have suffered 13% permanent disablement and the Tribunal has allowed reasonable compensation on all the relevant heads, the ultimate amount awarded by the Tribunal to the present claimant at Rs.65,000/- cannot be said to be too low or grossly inadequate so as to warrant interference in appeal nor there appears any justification for considering enhancement at the instance of the appellant.

The appeal fails and is, therefore, dismissed summarily.



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