RANI Vs. KAILASH NARAYAN

JUDGEMENT

(1.) This is claimants appeal the award dated 8.5.2000 passed in Claim for enhancement of compensation against Case No. 18 of 1998. Appellant-claimant, a girl aged 14 years, met with an accident on 9.12.1998 when a Fiat car No. MP 045- 1034 dashed her when she was going to school. Her left leg was broken and she also sustained injuries in head. Her life has been ruined due to accident, left leg was amputated below knee, a rod was inserted in her right leg too.

(2.) On her application for claim of compensation under sections 166 and 140 of Motor Vehicles Act before the Motor Accidents Claims Tribunal, Rajgarh (Biaora), M.P. (hereinafter called 'the Tribunal') the Claims Tribunal held that car was driven rashly and negligently and driver, owner and insurance company were liable to pay compensation.

(3.) On the basis of evidence of applicantappellant herself, witness No. 1, her father Abrar Hussain, witness No. 2 and Dr. A.K. Mulla, witness No. 3, a surgeon posted at District Hospital, Rajgarh and documen- tary evidence, the Tribunal held that her left leg was amputated below 4 inch from knee, she suffered injuries in her right leg and awarded Rs. 1,25,000 compensation on following heads: <FRM>1070.NP.htm</FRM>