HARPREET KAUR Vs. UPENDER SINGH AND OTHERS

JUDGEMENT

(1.) The claimant was 51/2 years old at the time of accident. The claim petition was filed through her father as next friend. The claimant prayed for award of Rs. 5 lacs as compensation because of the injuries suffered by her. On 30.03.1993, the claimant with her parents was going on foot towards Government Railway Quarters, Mohan Nagar, Kurukshetra. It was about 11.00/11.30 a.m. that the claimant was hit by truck no. HR-24-4065, belonging to respondent no. 2, due to rash and negligent driving by respondent no. 1. The right leg of the claimant was crushed by the left wheel of the truck.

(2.) The following issues were framed from pleadings of the parties:-

(3.) Learned Tribunal held respondent no. 1 to be negligent in driving the vehicle resulting into accident and ultimately determined that the victim was also liable to some extent. By determining the amount of Rs. 2 lacs as compensation, the Tribunal deducted 25% of the amount towards contributory negligence on the part of claimant. The primary responsibility to pay the amount of compensation was that of respondent no. 3-Insurance Company.