NEHA AGRAWAL Vs. ASHOK KUMAR MEHTA

JUDGEMENT

(1.) Being aggrieved by the inadequacy of the amount awarded vide award dated 2.12.2003, passed by Twelfth M.A.C.T., Indore in Claim Case No. 35 of 2002, whereby a sum of Rs. 1,90,000, has been awarded along with interest at the rate of 9 per cent per annum, the present appeal has been filed.

(2.) Short facts of the case are that on 20.7.2001 at about 12 noon the appellant who was aged 19 years, was going on her Scooty bearing registration No. MP 09-JM 8051, from Phooti Kothi Road to Chandan Nagar. At that time truck bearing registration No. MP 09-KB 7181, which was being driven by the respondent No. 2 rashly and negligently came from back side and hit Scooty of appellant with the result appellant fell down and sustained grievous injuries. A claim petition was filed in which it was alleged that the accident occurred because of rash and negligent driving of respondent No. 2. It was also alleged that at the relevant time, respondent No. 2 was the owner of the offending truck and the same was insured with respondent No. 3. Claim petition was contested by respondent No. 3. On the basis of the pleadings of the parties learned Tribunal framed the issues, recorded the evidence and awarded a sum of Rs. 1,90,000, break-up of which is as under: <FRM>JUDGEMENT_2303_ACJ_2007Html1.htm</FRM>

(3.) The learned counsel for the appellant submits that the amount awarded is on the lower side. It is submitted that appellant sustained four fractures, i.e., in right clavicle bone, left femur bone, inferior pubic rami pelvis and right mandible.