LAWS(MPH)-2002-12-4

RINKA Vs. NEW INDIA ASSURANCE CO LIMITED

Decided On December 16, 2002
RINKA Appellant
V/S
NEW INDIA ASSURANCE CO. LTD. Respondents

JUDGEMENT

(1.) The appellant-claimant has filed this appeal under section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation, being aggrieved by the award dated 11.8.2000 passed by the Addl. Member, Motor Accidents Claims Tribunal, Kukshi, District Dhar, whereby awarded a compensation of Rs. 62,000 plus interest at the rate of 12 per cent per annum.

(2.) Brief facts of the case are that on 19.10.1998, Janubai, mother of the claimant Rinka, aged about 4 years, was waiting for a bus at village Dahi to go to Dharamrai Road. A passenger bus No. MP 11-A 3691, belonging to respondent No. 2 and being driven by respondent No. 3, rashly and negligently, came and hit Rinka. On account of the said accident Rinka received severe injury in her right leg. The whole skin of the thigh was ruptured and leg was also fractured. The incident was reported to the Police Station Dahi and, thereafter, she was taken to P.H.C. Dahi and after giving some first aid she was referred to the District Hospital, Barwani, where she remained admitted for two months. X-ray was taken and she was also operated in the hospital.

(3.) After appreciating the evidence on record the Tribunal has found that the accident occurred due to rash and negligent driving of the bus No. MP 11-A 3691, belonging to respondent No. 2. It was being driven by respondent No. 3 and has also found that claimant Rinka aged 4 years suffered permanent disablement. The vehicle was insured with the insurance company and there was no violation of the terms and conditions of the policy and thus the Claims Tribunal has awarded a total compensation of Rs. 62,000.