SANTOSH DEVI Vs. KALLU AND OTHERS

JUDGEMENT

(1.) This is claimant's appeal seeking enhancement of compensation. The claimant sought compensation for the injuries she suffered in a road side accident that took place on 22.10.2008 by filing a petition under Section 166 of the Motor Vehicles Act.

(2.) Learned Motor Accidents Claims Tribunal, Faridabad (for short 'the Tribunal') vide award dated 27.07.2010, assessed compensation for injuries at Rs. 1,31,200/- but awarded sum of Rs. 98,400/- being 75% thereof for the reason that the claimant was also negligent and her negligence contributed to the extent of 25% to the cause of the accident.

(3.) On 22.10.2008, after purchasing milk, the claimant was coming back to her house. She was standing in front of Garg Marble house waiting to cross the road. In the meanwhile, an Indica car bearing registration No. HR-51L-1313 driven by respondent No. 1 came without blowing any horn at high speed and had struck against the claimant. On account of the same, the claimant came under the front wheel of the vehicle and suffered multiple grievous injuries including fractures. She was shifted to Sarvodya Hospital after her medico-legal examination at B.K. Hospital and she had spent a sum of Rs. 1.5 lakhs in her treatment.