SANTOSHI Vs. RAJEEV CHOUDHARY & ORS

JUDGEMENT

(1.) The appellant had suffered injuries in a motor vehicular accident that occurred on 05.03.2006. The accident claim case (suit no.549/10) was instituted on 01.06.2007 to seek compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal (Tribunal), by judgment dated 23.11.2011, while accepting the case that the injuries had been suffered by her due to negligent driving of Tata Sumo bearing registration no.DL-1V-3596 by the second respondent and holding him to be the principal tort feasor, awarded compensation in the total sum of Rs.3,45,000/-, inter alia, on the basis of conclusion that she suffers from permanent functional disability to the extent of 20%. The liability to pay has been fastened on the third respondent (insurer), which had concededly issued an insurance policy covering third party risk in respect of the said vehicle at the instance of the first respondent (registered owner of the vehicle).

(2.) The appeal at hand was filed primarily to seek enhanced compensation on the grounds that the functional disability should have been treated as 100% in view of the disability certificate issued by a board of doctors of All India Institute of Medical Sciences (AIIMS) affirming that she is a case of traumatic brain injury suffering from 75% physical impairment.

(3.) The appeal was put in the list of "Regulars", to be taken up on its own turn, by order dated 09.02.2016. When it is called out, there is no appearance on behalf of the claimant / appellant. The matter has been considered with the assistance of the counsel for the third respondent and by perusal of the record of the inquiry before the tribunal.