NEW INDIA ASSURANCE CO LTD Vs. SIBARAM MANDAL

JUDGEMENT

(1.) The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.5,31,180/- has been awarded to claimants/respondents No.1 and 2.

(2.) On 22nd February, 1998 at about 8:30pm, the deceased was travelling in blue line bus bearing No.DL-1P-5235 going from Laxmi Nagar to Gole Market. The deceased had to get down from the bus but the driver suddenly applied the brakes and as a result of the impact, the deceased fell down from the bus and the wheel of the bus ran over the left leg of the deceased. The left leg of the deceased was crushed up to 1/3rd of thigh level and her left leg had to be amputated. The deceased was removed to Lady Hardinge Medical College where her left leg was amputated. The deceased suffered brain hemorrhage on 26th May, 1998 resulting in her death.

(3.) The deceased was survived by her two minor children aged 11 and 14 years who filed the claim petition before the Claims Tribunal. The husband of the deceased had pre-deceased her and, therefore, the minor children filed the claim petition through their maternal aunt.