LAWS(MPH)-2006-8-72

PARVATI Vs. FIROJ

Decided On August 01, 2006
PARVATI Appellant
V/S
FIROJ Respondents

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of compensation awarded by Additional Motor Accident Claims Tribunal, Kukshi, District Dhar in M.V. Case No. 38/2004. By the impugned award, learned Claim Tribunal has awarded Rs. 33,950 as against the claim of Rs. 2,52,000.

(2.) ON 5.3.2004 appellant, a young girl aged about 18 years, met with an accident. As a result, she sustained fracture in the left shoulder and other personal injuries. It is claimed that she remained hospitalized for a period often days and because of the personal injuries, she sustained permanent disability. She also claimed that accident was caused by respondent No. 1 Firoz on account of his rash and negligent driving of the bus belonging to respondent No. 2 and insured with respondent No. 3. The claim petition was resisted by the Insurance Company. Learned Claims Tribunal arrived at a finding that on the fateful day accident was caused by respondent No. 1 on account of his rash and negligent driving of the offending vehicle; which belonged to respondent No. 2 and insured with respondent No. 3. Learned Claims Tribunal assessed the amount of compensation under various heads and awarded a total sum of Rs. 33,950. The claimant is in appeal for enhancement.

(3.) IN view of the foregoing, the impugned award stands modified to the extent indicated hereinabove.