LEELAWATI BAITHA Vs. DEEPAK KUMAR CHOUDHARI

JUDGEMENT

(1.) This appeal is by the claimant/injured against the award dtd. 26/4/2022 passed by 8th Additional Motor Accident Claims Tribunal, Durg (C.G.) in Claim Case No. 290/2017 awarding total compensation of Rs.6,49,515.00 with interest @ 7% per annum from the date of application till realization, fastening liability on the respondent No. 1 and 2 jointly and severally. For the sake of convenience, the parties shall hereinafter be referred to as per their description before the Tribunal.

(2.) As per claim petition, on 30/3/2017, the claimant/injured was traveling to Vedant School Kumhari in a vehicle namely Tata Magic bearing registration No. CG 07 T 1844, in the meantime, when they reached near GE Road Power Grid, Kumhari, the respondent No. 1 who was the driver of the said vehicle, drove the vehicle rashly and negligently and dashed the vehicle to the divider which resulted into accident as a result of which claimant sustained grievous injuries on her nose and face. Thereafter, she was hospitalized in Narayana Hospital, Raipur where she was admitted for about 40 days. At the time of accident, offending vehicle was owned by Non-applicant no.2 and insured with Non-applicant No.3.

(3.) On claim petition being filed by the claimant/injured under Sec. 166 of the Motor Vehicles Act for compensation to the tune of Rs.32,65,000.00, the Tribunal considering the evidence led by both the parties passed an award as mentioned in para 1 of this judgment.