DTC Vs. VEENA KAPOOR

JUDGEMENT

(1.) THE Appellant Delhi Transport Corporation (DTC) impugns a judgment dated 21.02.2005 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.4,10,100.00 was awarded in favour of the First Respondent for having suffered injuries in a motor vehicle accident which occurred on 30.04.1996.

(2.) AS per the case set up by the First Respondent, on 30.04.1996 she was travelling in a TSR No.DL-1RA-7004 from ISBT, Kashmere Gate to her house at Vikaspuri. At about 4:30 A.M. the autorickshaw reached near MIG flats, Rajouri Garden. A DTC bus No.DL-1P-9234 came from behind; overtook the autorickshaw and without giving any signal abruptly stopped the vehicle resulting in the TSR colliding against the rear of the bus. The First Respondent suffered multiple fractures in the right foot, patella right, clavicle and injuries on various parts of her body. She was MAC APP 550/2005 Page 1 of 9 initially removed to DDU hospital where MLC Ex.PW-2/B was prepared. She then received treatment from Dr. N.C. Joshi Memorial Hospital. She suffered 15% disability in respect of the right lower limb on account of restriction of knee movement and slight limp in walking.

(3.) THE following contentions are raised on behalf of the Appellants:-