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MAC.APP. 252/2020, CM APPL. 31534/2020 & CM APPL.
31535/2020 UTTAR PRADESH STATE ROAD TRANSPORT
CORPORATION(UPSRTC) .... Appellant
31561/2020
31565/2020
Through: Mr.Aly Mirza,Advocate for appellant.
07.12.2020 The hearing was conducted through video conferencing.
Signature NotVerified iigncd Signing Datc:08.12.2020
12:51:54 ' Digitallysigned By^^.MLESH KUMAR 2020:DHC:3975
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ORDER
1 These appeals impugn the award ofcompensation dated 13.07.2020.
2 The injured suffered injuries in an unfortunate motor vehicular accident,in which they lost their family member,when the offending vehicle approaching from the wrong side had hit their Bolero Jeep. All the family members travelling in thejeep were injured;the father passed away.
3 Apropos injuries to the claimants, the learned Trial Court held as under: "Petition No. 75494/16injury case ofMeenakshi
12. In the present case, petitioners Meenakshi had claimed that she had been employed earlier in the Aganbadi, Delhi as a helper and she was earning Rs.2500/-per month. She had also placed on record copy of treatment card Ex.PWl/3. The treatmentcard Ex.PWl/3 is undisputed. As per PWl/3,she suffered minimal displacedfracture left temporal bone, though the normal brain parenchyma was found. The doctor had advised her to take medicine for seven days. She was asked to appear in OPD after one week. The injuries on the person ofthe petitioner was such that she must have remained out ofwork at leastfor three months. The loss ofincome comes to Rs.7,500/- (Rs.2500 x 3). Thus, I award Rs.7500/- to the injured. Meenakshi towards loss ofincome. I award him Rs.75,0007- towards pain and sufferings and enjoymentoflife. The petitioner Meenakshi has placed on record medical bill ofRs.777/-. 1therefore, award Rs.777/- to thepetitioner Meenalcshi towards medical expenses. Petition No.75495/16(Hariom) Signature NotVerified Digitally signe4ByjlLAMLESH KUMAR Signing DatviO^S.12.2020 12:51:54 '
13. In thepresent case,petitioner Hariom sustained injuries on his nose and took the treatmentfrom the doctor in his locality. Looking into all thefacts and circumstances ofthe case,I award a lumpsum amount ofRs.25,000/- to the petitioner Hariom. Petition No. 75566/16(injury case ofMukesh)
14. In the present case, petitioner Mukesh had claimed damagesfor the injuries sustained by him in road accident. Mukesh had sustained injuries on the scalp i.e. 4.[2] cm. He wasfound tentorial bleed in left side and X-ray was also done. He had also placed on record bill amounting to Rs.581/-. He had also enclosed receipt of Rs.lOOO/- for dressing of Aaisha Medical Centre. Therefore, I award Rs.l581/- towards the medicalexpenses. Considering the circumstances and nature ofinjuries sustained by him on the scalp as well as considering the MLC on record,Ialso award Rs.50,000/- to thepetitioners Mukesh."
4 In each ofthe cases,the Court had noted that the injured had suffered substantial injuries which required to be compensated.
5 In view of the above, the impugned order calls for no interference. The appeals are without merit and are accordingly dismissed. The pending applications are also dismissed.
6 The order be uploaded on the website forthwith. NAJMIWAZIRI,J DECEMBER 07,2020 RW SignatiircNot^erified DigitallysfemdByJUmLESH KUMAR !'y