KU DIPTI SAHU Vs. KUMBHA LAL SAHU

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') is directed against the award dated 8th April, 2005 passed in Claim Case No. 83/04 by the 1st Additional Motor Accident Claims Tribunal, Rajnandgaon (C.G.) whereby a sum of Rs. 55,837/- with interest @ 6% from the date of filing of application has been awarded to the claimant/Appellant herein as compensation towards injuries sustained by her in a motor accident dated 2.4.2004.

(2.) ON 2.4.2004 at about 1.30 p.m. when Ku. Dipti, a girl aged 4 years, was playing before her house, Respondent No. 1 driving rashly and negligently the truck bearing registration number CG08-ZC-0803, owned by Respondent No. 2 and insured by Respondent No. 3 for the relevant period, dashed with Ku. Dipti as a result of which she sustained grievous injuries over her right leg and also on her private parts and anus. She was immediately rushed to District Hospital, Rajnandgaon where doctors considering the seriousness of injuries referred her to Chandulal Chandrakar Memorial Hospital, Bhilai. She remained hospitalized up to 30.4.2004 and during that period her private parts were operated upon and grafting of skin was also done over her right leg. However, she has sustained permanent deformity over her private part, anus and opening of ovary.

(3.) RESPONDENT No. 1 herein was proceeded ex-parte. RESPONDENT No. 2 in his reply denied that the accident occurred because the vehicle was being driven rashly and negligently by RESPONDENT No. l. Pleadings regarding injuries and expenditure in treatment of Appellant have also been denied and it was pleaded that the vehicle was insured by RESPONDENT No. 3 for the relevant period and therefore, liability of compensation, if any, could be of RESPONDENT No. 3.