CHEENU Vs. BISHAMBHAR SINGH

JUDGEMENT

(1.) This first appeal from order has been filed on behalf of claimant-appellant for enhancement of compensation against the judgment and award dtd. 8/8/2007 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.8, Bulandshahar in M.A.C.P. No.61 of 2006 (Km. Cheenu minor through her mother Smt. Rubi Vs. Bishambhar Singh and another) by which compensation of Rs.1,08,875.00along with 6% interest has been awarded in favour of claimant-appellant on account of injuries received by her.

(2.) The brief facts of the case are that on fateful day 22/8/2005 the claimant-appellant was returning from Agra to Bulandshahar by Maruti Van bearing no.RJ-01-C-8496 along with her other family members and at about 12 noon when they reached near Village Gijrauli, District Hathras, the offending truck bearing no.MP-6-E-5318 which was coming from opposite direction hit the Maruti Van. The offending truck was being driven by its driver very rashly and negligently. The claimant-appellant had received grievous injuries in the accident and has become permanent disable. The first information report was lodged against truck driver in Police Station Kotwali, Hathras, which was registered as Case Crime No.263 of 2005, under Ss. 279, 338, 304A I.P.C.

(3.) The claim petition was filed on behalf of claimant-appellant (minor) through her mother under Ss. 166 and 168 of Motor Vehicles Act claiming compensation of Rs.36,05,000.00. The claim petition was registered as M.A.C.P. No.61 of 2006. As per claim petition, the claimant had received grievous injuries in the accident and had become permanent disable to the extent of 75%. The age of claimant was only 2 years at the time of accident.