NIKITA RAGHUWANSHI Vs. AMZED SHAH

JUDGEMENT

(1.) This appeal from the order has been filed under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to "Act, 1988") by appellant - Nikita Raghuvanshi being aggrieved by judgment and award dtd. 14/2/2022 passed by VIIth Additional Motor Accident Claims Tribunal (hereinafter referred to as "Tribunal"), Bhopal in Claim Petition No.1690/2019 awarding a sum of Rs.2,29,526.00 with interest of 6% per annum to the injured from the date of application till the date of payment against the respondent nos.1 to 3 jointly and severally.

(2.) For the sake of convenience, the parties are referred to as they were arrayed before the Motor Accident Claims Tribunal (in short "MACT").

(3.) The brief facts are that the claim petition was filed with the averments that on 27/1/2019 at about 8:00 pm, when the injured was eating Nodules or Chowmean near Baba Nagar Sanchi Point at that time a Car bearing No.MP-04 TA-8672 came from Bansal Hospital driven by its driver in rash and negligent manner and hit the injured/claimant, due to which, she sustained serious injuries and immediately she was shifted to the Bhopal Fracture Hospital, admitted for treatment. The matter was reported to the Police alleging that the accident took place as a result of rash and negligent driving of the said car bearing No.MP-04 TA-8672 and based on the complaint lodged by Ritesh Raghuvanshi, the Chunabhatti Police registered a case in Crime No.31/2019 for the offences Ss. 279 and 337 of IPC. After investigation of the case, a charge-sheet was submitted before the Court at Bhopal against accused/driver (respondent no.1) for having committed the offence punishable under Ss. 279, 337 and 338 of IPC and the Doctor found that the injured was sustained serious fractures on left leg, left hip, waist, head and all over the body and she was operated femur bone and hip joint and four screws and plats were inserted during the treatment, before the accident claimant was working as a salesman in Shreeram Traders getting Rs.15,000.00 per month. Due to the said accident, she lost her job and she became permanent disabled. She is not able to do work and she faces much inconvenience due to injuries on her waist and hip and the claimant loose her memory and became weak.