LAWS(MPH)-2008-6-8

SUNITA Vs. ALI ASGAR

Decided On June 17, 2008
SUNITA Appellant
V/S
ALI ASGAR Respondents

JUDGEMENT

(1.) Being aggrieved by the inadequacy of the amount awarded vide award dated 31.3.2006 passed by Additional M.A.C.T., Jobat in Claim Case No. 155 of 2004, whereby the claim petition filed by the appellant for compensation on account of injuries was allowed and a sum of Rs. 79,500 was awarded and respondent No. 3 was exonerated, the present appeal has been filed.

(2.) Short facts of the case are that the appellant, who is a girl aged 14 years at the time of accident filed a claim petition alleging that on 20.10.2004 at about 1.30 p.m. when appellant was going to collect the scholarship with her friends at that time a bus bearing registration No. GJ 17-T 1897, owned by respondent No. 2, driven by respondent No. 1 rashly and negligently and insured with respondent No. 3 dashed the appellant, with the result appellant sustained grievous injuries at the ankle point of her left leg and fell down. It was alleged that appellant was hospitalised, where the appellant was operated. Permanent disability caused to the appellant was 40 per cent. It was prayed that compensation be awarded.

(3.) The claim petition was contested by the respondent Nos. 2 and 3 by filing separate written statement.