VIDHYA Vs. ADESH KUMAR JAIN

JUDGEMENT

(1.) By the present appeal the appellant who was the claimant seeks to impugn the Award dated 22.09.2008 and seeks higher compensation which was based on a claim petition filed under Sections 166 and 140 of the MV Act, 1988.

(2.) The facts are that the appellant was crossing the road near Metro Station, Timarpur, Delhi when she was hit by an Indica Car driven by respondent No.1 said to be driven in a rash and negligent manner. She sustained grievous injuries all over her body and suffered fracture on the right leg and right arm. She was taken to Hindu Rao Hospital and thereafter to St.Stephen Hospital for treatment. She remained hospitalised from 13.12.2006 to 18.12.2006.

(3.) Based on the evidence led by the parties, the Tribunal concluded that the accident took place due to the rash and negligent driving of the driver/ respondent No.1of the Indica Car.