NATIONAL INSURANCE CO. LIMITED Vs. SAHIDUL NISHA

JUDGEMENT

(1.) Heard Alka Verma, learned counsel for the appellant and Shri M.C.Shukla, learned counsel for the respondents.

(2.) The present first appeal from order has been filed by National Insurance Company Ltd, against the award dated 11.5.2004 passed in Claim Petition No. 192 of 2001 by Motor Accident Claims Tribunal/Additional District Judge, Court No.2 Sultanpur, by which learned claims tribunal has awarded compensation of Rs. 1,26,235/-(one lakh twenty six thousand two hundred thirty five) as compensation for the injuries received by Smt. Sahidul Nisha in a Motor Accident.

(3.) The claim petition was filed on the ground that claimant had gone to Ajmersharif from Village Nizam Patti Kasba, Sultanpur on Bus No.UHU 9172. When the bus reached in District-Alwar (Rajsthan) near Hotel Shiva Overseas Dakhim Kejil in Bahroad on 1.10.2000 at about 4.30 a.m. truck No. H.R.38/A-8565 which was being driven rashly and negligently by its driver hit the bus from the rear side and due to which the bus turned turtle and several passengers in the bus including the claimant received serious injuries. First Information Report was lodged by owner of the bus Sri Ramraj Verma on 1.10.2000 at about 5.00 a.m. in Police Station-Bahroad, District-Alwar which was registered as Crime No. 460 of 2000. The claimant was taken to District Hospital from where she was shifted from Jaipur and later on in Delhi.