KOMAL Vs. PREETPALSINGH K. JOHAR

JUDGEMENT

(1.) Feeling aggrieved by the impugned judgment and award dtd. 26/3/2015 passed by the Motor Accidents Claims Tribunal, Udgir, in M.A.C.P. No. 50 of 2011, the appellant/original claimant has filed the present appeal by invoking provisions under Sec. 173 of the Motor Vehicles Act, seeking enhancement of compensation.

(2.) Before the Tribunal, the case set up was that, on 3/8/2010, appellant/original claimant was the pillion rider on a moped. The truck bearing No. MH-20-A-1711, which was coming from the opposite direction, came to the wrong side and gave dash to the moped, causing grievous and fracture injuries to the appellant/original claimant. Because of the rash and negligent driving, crime was registered against the truck driver.

(3.) The claim petition was filed before the Tribunal seeking compensation on the ground that, at the time of the accident, the appellant/original claimant was 17 years old, studying in 12th standard, and preparing for the Common Entrance Test. That, because of the accident, she had suffered permanent disability to the extent of 40%, which affected her future academic career, and she would require further medical treatment in future. The Tribunal has awarded compensation to the tune of Rs.7,00,000.00 with interest @ 7.5% per annum.