UNION OF INDIA Vs. KUMARI KANTA BHARDWAJ

JUDGEMENT

(1.) Present appeal has been filed by the appellant respondent being aggrieved against the impugned judgment and award dated 27.1.1996 passed by the Motor Accident Claims Tribunal/Additional Sessions Judge, Meerut in M.A.C.P. No. 199 of 1995 (Kumari Kanta Bhardwaj v. Union of India and others) awarding compensation to the tune of Rs. 5,14,000/- along with 12% interest per annum to the Respondent claimant inter alia on the ground that the compensation awarded by the Tribunal is excessive and also that the Tribunal has not calculated the compensation as contemplated in law.

(2.) Brief facts giving rise to the instant appeal are that on 25.1.1995 Respondent claimant Km. Kanta Bhardwaj started his journey in a rickshaw from Kudesia Public School, Shastri Nagar, Meerut to go to Victoria Park, Sports Colony, Meerut. One Km. Manju also accompanied her in the said rickshaw. At about 2.30 PM their rickshaw reached near Yog Nursing Home on University Road, Shastri Nagar Tiraha, Meerut and at the said point of time the offending vehicle/army jeep bearing registration No. 520-97P-92B came from behind i.e. from medical college side at a very high speed and same was being driven very negligently by its driver and hit at the back of rickshaw resulting thereby this tragic accident. Respondent claimant sustained grievous injuries causing permanent disability. The said accident is the result of sole negligence on the part of the driver of the said offending vehicle. At the time of accident, the Respondent claimant was a charming girl of 24 years of age. She was unmarried and was teaching at Kudesia Public School and she also used to do tuition and coaching to the students as her part time job after school hours. She was a qualified teacher and was earning Rs. 4000/- per month and maintaining herself, parents and dependent brother. Due to the injuries sustained in the said accident her lower limbs have become completely paralyzed. She cannot turn her sides and move herself or to go even for urinating on her own strength and no one will be ready to marry with a bedridden girl as she has become totally dependent on others and a liability. She has lost sex feelings and womanhood and has turned herself into a dreamy past with no charm in her future life.

(3.) The FIR of the said accident was lodged at police station Medical College, Meerut under Sections 279/338 IPC against the driver of the offending vehicle. Respondent claimant examined five witnesses in support of her claim including herself. Respondent claimant has filed her treatment papers, salary certificate and disability certificate issued by the Chief Medical Officer, Meerut.