LEELABEN Vs. SHARIFKHAN AMJADKHAN PATHAN

JUDGEMENT

(1.) This is a claimants' appeal for enhancement of compensation being dissatisfied with the quantum awarded by the Motor Accident Claims Tribunal (Auxi), Fast Track Court No.2, Ahmedabad City in MACP No.238 of 2005 dtd. 13/8/2007, whereunder Claim Petition filed by the appellant came to be allowed in part and compensation of Rs.4,95,200.00 has been awarded with interest @ 7.5% p.a. from the date of filing of Claim petition till the date of realization with proportionate costs.

(2.) Brief facts are: -

(3.) The appellant herein Leelaben alias Bhadraben Dineshbhai Padhiyar, on 23/12/2003 at around 10.15 p.m., was standing on kachcha road of National High Way No.8 near Hariyala village in the jurisdiction of Matar Police Station. At that time, respondent No.1 (i.e. original opponent no.1) driver of the S.T. Bus No. GJ- 18V-5368 came driving with full speed in a rash and negligent manner and hit the appellant. The front wheel of the S.T. Bus rolled over the body of the appellant. Due to the said impact, the appellant sustained serious injuries as mentioned in the medical certificates on record at Exh.42. On sustaining injuries, the appellant was admitted to Kheda Civil Hospital and thereafter referred to Ahmedabad V.S. Hospital and other various hospitals where she remained as indoor patient for considerable time. For the said accident, the appellant filed claim petition under Sec. 166 of the Motor Vehicles Act, 1988 before the Tribunal seeking compensation of Rs.8.00 Lakhs from opponents jointly and severely.