LAWS(CHH)-2018-11-155

ANGAD SETHIYA Vs. DILSHAH KHAN

Decided On November 13, 2018
Angad Sethiya Appellant
V/S
Dilshah Khan Respondents

JUDGEMENT

(1.) This is an appeal under section 173 of the Motor Vehicles Act, 1988 by the claimants seeking enhancement of compensation awarded by the Additional Motor Accident Claims Tribunal (FTC), Bastar at Jagdalpur in Claim Case No. 86/2012 vide award dated 18.10.2013.

(2.) As per averments in the claim petition, on 29.9.2010 while Ku. Vandana, aged about 5 years, was going on foot to her home from her school, on the way she was dashed by Indica Car bearing registration No. CG-07-8984, which was being driven in a rash and negligent manner by non-applicant/respondent No. 2 as a result of which she suffered grievous injuries including fracture of right leg bone.

(3.) The claimants, who are father of the injured claimant Ku. Vandana and the injured herself, by filing application under Sec. 166 of the Motor Vehicles Act, claimed total compensation of Rs. 9.50 lacs under various heads from the non-applicants. However, learned Tribunal by the impugned award granted a total compensation of Rs. 15,710.00 in favour of the claimants with interest @ 6% per annum from the date of application till realization fastening liability on non-applicant No. 3/insurance company.