SPL.SECRETARY, PLANNING THROUGH PRESIDING OFFICER AND ANOTHER Vs. KM.KHUSHBU DEVI THROUGH HER GUARDIAN AND OTHERS

JUDGEMENT

(1.) This is the F.A.F.O. filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and award dated 30.6.2004 passed by VIth Additional District Judge/Motor Accidents Claims Tribunal, Rae Bareilly, in Motor Accident Claim Case No. 55 of 1999 Kumari Khushbu Devi v. Special Secretary Lucknow and Ors. where a compensation of Rs. 50,000 was awarded.

(2.) The brief facts of the case are that on 23.9.1998, an Ambassador car No. U.P. 32 T/4191 (a departmental car of the Govt. of U.P.), while going to Lucknow from Allahabad, dashed a seven years' old child, namely, Khushbu on the road who was going somewhere. The driver, Foolchand Giri, who was driving the vehicle negligently in which V.P. Mishra, Special Secretary was sitting. Due to the accident, Khushbu got injured and the bone of thigh had broken as a result her one leg became disabled permanently. The driver ran away from the vehicle but later on wireless message, the police caught the driver and seized the vehicle. Due to the pressure of the Special Secretary, the vehicle and driver were released. No case was registered.

(3.) However, the claimants-Respondents have filed the claim petition and demanded the compensation. The Tribunal after considering the entire evidence and materials available on record, observed that the leg of the Khushbu was broken and she got grievous injury. Finally, the Tribunal has awarded a compensation of Rs. 50,000 only.