MEENU Vs. AZAD CHAUHAN

JUDGEMENT

(1.) The Appeal under Sec. 173 of the Motor Vehicles Act, 1988 ('M.V. Act' hereinafter) has been filed on behalf of the Appellant/Injured for enhancement of the compensation awarded vide impugned Award dtd. 16/3/2019 on account of injuries suffered by her in the road accident on 31/7/2017.

(2.) Briefly stated, the facts of the case are that on 31/7/2017, the injured/appellant Meenu along with other persons were going on religious Tour in the offending bus bearing No. DL-1VA-8576 which was being driven by the respondent No. 1 in a rash and negligent manner. At about 2.15 AM, when they reached near Sainpura Hansi, NH-9, the driver lost control over the bus because of the high speed and hit against the pavement and overturned. The Appellant and the other passengers sustained grievous injuries.

(3.) Appellant got admitted in the RML Hospital from 1/8/2017 to 21/8/2017. Thereafter, she took treatment in Apollo Hospital from 29/8/2017 to 7/9/2017, 3/10/2017 to 6/10/2017, 22/12/2017 to 25/12/2017 and at BLK Hospital from 23/5/2018 to 25/5/2018. The Appellant suffered fracture of right shaft femur, pubic rami fracture and malleolar lesion right. As per the Discharge summary, she was diagnosed as degloving injury on right thigh, post traumatic raw area right thigh. Because of the said injuries, she suffered permanent disability to the extent of 74% in relation to her right lower limb.