KHUSHBOO Vs. SHANKAR LAL ATHWANI

JUDGEMENT

(1.) This appeal arises out of the award dated 5.10.2001 passed by the II Additional Motor Accident Claims Tribunal, Raipur (hereinafter referred to as "the Tribunal") in claim case No. 42/01 whereby in an injury case compensation of Rs. 2.25 lacs has been awarded in favour of the injured-claimant. Facts of the case, in brief, are that on 7.7.2000 when appellant/claimant, who was a student of Class-7th, was going to her school by riding bicycle, she was dashed by a truck bearing registration No. MBS 1365 (hereinafter referred to as "offending vehicle") resulting in number of grievous injuries to her. She was immediately taken to District Hospital, Raipur, from where she was taken to a private hospital - MMI Hospital, Raipur and considering her serious condition she was referred to Lilavati Hospital, Mumbai-where she remained hospitalized for more than 1 month and was operated several times.

(2.) A claim case was filed by the injured-claimant through her natural guardian father Shri Mangal Chand Baid claiming compensation of Rs. 10.35 lacs, inter alia, pleading that apart from the expenditure incurred on her treatment, she has also suffered 50% permanent disability; on account of injuries suffered by her in her stomach and pelvic region, it may be difficult for her to conceive and deliver a child and therefore, she is entitled for suitable compensation.

(3.) The respondents by filing a common written statement denied their liability on general grounds. They have also pleaded that the accident occurred due to negligent riding of the bicycle by the claimant and according to them, the claim as put forth by the claimant is exorbitant one.