MAMTA Vs. RAJAK

JUDGEMENT

(1.) BY this appeal, the appellant seeks enhancement of the amount awarded by the Second Motor accidents Claims Tribunal (Fast Track), kannod vide award dated 2. 12. 2004 in claim Case No. 40 of 2004.

(2.) THE appellant had filed application under section 166 of the Motor Vehicles act claiming compensation on the ground that while she was going in a tractor-trolley to Godna on 30. 4. 2002 and the tractor-trolley had been parked on the side, a truck bearing registration No. MP 09-D 4840 approached at an alarming speed and collided with the tractor-trolley resulting in severe injuries to her legs and consequent disablement. The appellant had claimed a sum of Rs. 3,00,000 but she has been awarded only a sum of Rs. 1,00,000 with interest at the rate of 6 per cent per annum from 16. 9. 2003.

(3.) LEARNED counsel for the appellant submits that the appellant was a student of Class XI and on account of the said accident, she suffered fracture in both legs, of tibia and fibula as also the fracture of knee. Reference has been made to the testimony of AW 3, Dr. Sunil Jakar to the effect that the disablement suffered by her was 66 per cent. It is in this backdrop that the learned counsel for the appellant seeks enhancement.