SOMAWANTI MARWAH Vs. SURJIT SINGH

JUDGEMENT

(1.) This first appeal from order has been filed by Mrs. Somawanti injured against the order of the Motor Accident Claims Tribunal dated 30th November, 1966 by which it has awarded to the petitioner a sum of Rs. 5,325.00 on account of compensation for the injuries and the damage suffered by the petitioner.

(2.) The accident giving rise to the injuries occurred on 8th February, 1964. The petitioner along with one Vinod Kumari was travelling in a three wheeler scooter bearing No. D.L.R. 4134 from Mori Gate side to Tis Hazari. At that time a truck bearing No. DLG 6916, which was owned by M/s Rama Transport Company and was being driven by Surjit Singh, son of Mr. Kashmira Singh, came at a very fast speed and without blowing any horn left his side and went on the wrong side of the road and struck the scooter, as a result of which the scooter was badly damaged and the petitioner received multiple injuries, including fracture of the skull. She was admitted in the Irwin Hospital where she remained an indoor patient till 16th May, 1964, that is to say for about 3 months. According to the petitioner, she suffered considerable injuries and her legs were broken and her memory was impaired and then she went to Bombay and remained there for treatment till March, 1965. She filed a claim before the Motor Accident Claims Tribunal for recovery of Rs. 30.000.00.

(3.) It may at this stage be mentioned that Mrs. Vinod Kumari, the other passenger in the scooter, was also injured and she filed her claim for recovery of Rs. 20,000.00 which has been decided by a common judgment. The Tribunal awarded a sum of Rs. 1,450.00 with costs to Mrs. Vinod Kumari. She has not filed any appeal and we are not concerned with her case any longer.