HARDEEP SINGH AND ANOTHER Vs. GURDISH KAUR

JUDGEMENT

(1.) This appeal has been filed by the driver and owner of the offending motorcycle challenging the liability imposed upon them by the Motor Accident Claims Tribunal, Sangrur (hereinafter referred to as, the 'Tribunal') vide award dated 05.03.2015.

(2.) Respondent complainant Gurdish Kaur suffered injuries in an accident on 06.12.2012 on account of rash and negligent driving of motorcycle bearing registration No. PB-13Y-2681 by appellant No.1 Hardeep Singh. She filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') claiming that she was coming home on 06.12.2012 at about 6.00 p.m. from Nabha Gate, Sangrur on her Scooty make Bajaj Spirit, bearing registration No. PB13M-0547. She turned her Scooty from main road towards right side and was near the street where she was to enter. The offending motorcycle driven by respondent No.1 in a rash and negligent manner at a high speed struck against the Scooty of claimant from the left side. As a result, she fell down and suffered fractures on her left femur, tibia and left leg and other multiple injuries on her body. She was admitted in the Lifeline Multispecialty Hospital, Sangrur till 13.12.2012 and was operated upon for the femur and tibia. Subsequently, she remained admitted in Balaji Hospital, Ludhiana from 25.04.2013 to 07.05.2013 for the treatment of non-union tibia and from 01.04.2014 to 17.04.2014 for the treatment of non-union of femur and removal of rod/plate from upper and lower left leg and treatment of infected tibia.

(3.) She raised a claim of Rs. 15,00,000/- on account of injuries suffered by her in the accident as well as the compensation on account of loss of amenities, pain and suffering as well as other heads. She was a Clerk in the Government Senior Secondary School, Sangrur.