SANTOSH GUPTA Vs. SWARAN SINGH

JUDGEMENT

(1.) The appellant has made a grievance in respect of an award dated 11th of January 1980. passed by the Motor Accident Claims Tribunal, Delhi, allowing compensation to the tune of Rs. 5600.00 with costs The order further states that the amount shall be deposited within sixty days failing which the appellant shall be entitled to interest on the awarded amount at the rate of 6% per annum. The grievance of the appellant is (hat considuring the nature of the injury, discomfort and pain suffered and also the <PG>247</PG> pecuniary loss the Tribunal has erred in not allowing her compensation of Ra. 50,000.00 for which she had asked.

(2.) The action before the Tribunal was brought as a result of an accident by the offending scooter No. DLR 9039 which the respondent No. I in the claim petition was driving rashly and negligently on 12th of October 1973 at about 12.05 noon as a result of which the appellant got involved in an accident and suffered a fracture in her left foot. The vehicle was insured with respondent No. 3 while respondents No. 2 and 4 are supposed to be the owners of the offending vehicle.

(3.) I have heard the learned counsel for the parties. The point for consideration in this appeal falls within a very narrow compass inasmuch as the other side has made no grievance about the finding of the Tribunal that the accident was the result of rash and negligent driving of the offending vehicle by the driver. The liability of the insurance company to the extent of Rs. 59.000/ as determined by the Tribunal is a!so not in dispute. The only grievance ai noticed earlier made by the appellant is that the learned Tribunal was in error in fixing the amount of compensation at Rs. 5600.00 .