MANJU GUPTA Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Notice of this case was taken on 25.3.1992 by this court in exercise of suo motu powers under Section 115 of the Code of Civil Procedure, 1908, on the basis of a news item published in English daily newspaper, 'The Times of India', Lucknow, of the date 13.3.1992 with the heading 'All for 30,000 pieces of silver'. By order dated 17.4.1992 the learned District Judge, Hamirpur, was directed to submit his report to this court along with the record of the case. In pursuance of this order, learned District Judge submitted his report dated 12.5.1992 along with the record of the Motor Accidents Claims Tribunal Case No. 42/70 of 1990.

(2.) From a perusal of the record, the facts giving rise to this case are that one Manju Gupta, aged about 3 years, met with an accident on 19.3.1985, at 4.30 p.m. in front of her house near Mandi Barrier, Sumerpur. In this accident, she lost both of her legs. She was treated at District Hospital, Hamirpur and ultimately at Lala Lajpat Rai Hospital, Kanpur. She remained in this hospital in the Department of Orthopaedics from 10.4.1985 to 6.7.1985, as is clear from the discharge slip filed as paper No. 30 Ka-1 on record. The claim petition was filed on 27.2.1989 along with an application for condonation of delay. After hearing the parties, the application for condoning the delay was allowed and delay was condoned by an order dated 15.12.1990 and thus the case was registered as Accident Claim Petition No. 42/70 of 1990. The break-up of the claim made in the claim petition is as under:

(3.) Rs. 13,000/- as expenses incurred in treatment of Manju Gupta.