JIGISHABEN MAHESHBHAI PATEL Vs. SIPAI MOHAMMADKHAN RASULKHAN

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and award dtd. 12/12/2019 passed by Motor Accident Claims Tribunal (Aux), Ahmedabad (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.537/2011, the appellant - original claimant preferred present appeal under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short) for enhancement of compensation.

(2.) Heard Mr. Robin Prasad, learned counsel for the appellant, Ms. Vrunda Shah, learned counsel for respondent No.3 and Mr.K.V.Gadhia, learned counsel for respondent No.4. Rule unserved qua respondent Nos.1 and 2.

(3.) It is the case of the appellant that on 5/1/2011, the appellant was travelling in AMTS Bus bearing No.GJ-01-BV-8728 from Lal Darwaja to her home and at Malav Talav, when the appellant was going down from front side of the bus, the driver of the bus driven his bus in rash and negligent manner. Due to which, the appellant was fallen down from bus and front wheel of the bus ran over her left leg. As a result, the appellant got serious injuries and her left leg below knee was amputated. In this regard, FIR came to be filed at Vejalpur Police Station, Ahmedabad. Subsequently, the claim petition was filed by the appellant to get compensation of Rs.30,00,000.00 from the opponents. After appreciating the evidence produced on record, the learned Tribunal awarded compensation of Rs.11,96,441.00 along with cost and interest @ 9 % p.a.