LALITA Vs. VIDYA SAGAR

JUDGEMENT

(1.) THIS appeal is directed on behalf of appellant-claimant under section 173 of Motor Vehicles Act, 1988 (in short 'the Act') for enhancement of sum awarded by the First Additional Motor Accidents Claims Tribunal, Ambah, to the court of the Fifth Additional Motor Accidents Claims Tribunal (Fast Track), Morena in Claim Case No. 11 of 2007, vide award dated 5.1.2008, whereby her claim regarding injuries sustained by her in the alleged vehicular accident has been awarded for the sum of Rs. 1,00,000 along with interest at the rate of 6 per cent per annum from the date of filing the claim petition.

(2.) THE facts giving rise to this appeal in short are that the appellant herein filed her claim contending that on 8.1.2004 at about 5 p.m., when she was going to answer the call of nature, on the way she was dashed by the motor cycle bearing registration No. MP 2006-C 2898 driven by respondent No. 1 in a rash and negligent manner, resultantly she sustained injuries on her hand, leg, head, ears and also on some different parts of her person. She was taken to hospital, where her MLC report was prepared. On lodging the report with the police an offence was registered against the respondent No. 1. After holding the investigation, he was charge-sheeted. As per further averments, due to the aforesaid injuries sustained in the accident she has lost the capacity of hearing of both the ears. In spite of taking long treatment, the same has not been cured. It is also stated that due to such injuries, she has also lost the power of speaking and she has become deaf and dumb. Now she is bound to live with such disability in her entire remaining life. With these averments the claim was filed for the sum of Rs. 17,30,500 along with interest at the rate of 18 per cent per annum.

(3.) IN view of the pleadings of the parties, the issues were framed and after recording the evidence, on appreciation of the same by holding that the appellant has sustained alleged injuries in the alleged incident caused by respondent No. 1 while driving the offending vehicle in a rash and negligent manner, the claim of the appellant was awarded for the sum as stated above. Being dissatisfied with the awarded sum, the appellant has come to this court for further enhancement of the same.