LAXMI DEVI Vs. ICICI INSURANCE COMPANY & ANOTHER

JUDGEMENT

(1.) As both the appeals have arisen out of the same judgment and order rendered by the Tribunal on 9.1.2015, hence are being taken up together for the adjudication.

(2.) Accident occurred on 18.5.2013 at 5.45 PM in the tardy hilly roads of District Tehri Garhwal when a Max cab transport vehicle bearing no. UA07S-3741 was being driven by its owner Udai Singh Butola himself. Km. Laxmi, an unmarried girl running in her early twenties, who was travelling as a passenger in that cab suffered serious injuries including fractures in many parts of her body in such accident. So, she remained hospitalized for several months and as per her version, expenditure of about rupees five lakhs was incurred in such medical treatment. She was referred from one centre to another higher medical centre and somehow she could save her life but with a disability to the extent of 45 per cent. The disability certificate was issued by a medical board headed by Chief Medical Officer of District Tehri Garhwal and such board also included an orthopaedic surgeons and one physician. Such certificate bears their signatures and manifest that Km. Laxmi is unable to bend her joints, unable to stand and walk due to impairment in many parts of her body.

(3.) Tribunal has granted compensation of Rs. 41,000/- only along with 6 per cent interest thereon. Such a meagre compensation has been granted on the premise that the medical papers and several bills pertaining to her treatment could not got proved by her in the Court.