TEJ KAUR Vs. HARI SINGH AND OTHERS

JUDGEMENT

(1.) The appellant-claimant has filed this appeal for enhancement of the amount of compensation awarded to her by Motor Accident Claims Tribunal, Bathinda (hereinafter referred to as, "the tribunal") vide award dated 06.02.2012 passed in MACT case No.10 of 30.04.2011 titled "Tej Kaur vs. Hari Singh and others"

(2.) Appellant Tej Kaur met with a vehicular accident on 03.04.2011 and suffered multiple, serious and grievous injuries. On the basis of statement of Parminder Singh, an eyewitness, First Information Report No.24 dated 11.04.2011 under Section 279/337/338 of the Indian Penal Code was registered against respondent No.1 Hari Singh at Police Station Dialpura. For treatment, the petitioner was admitted in Dayanand Medical College Hospital, Ludhiana. Her left leg was amputated upto thigh and she remained hospitalized w.e.f. 03.04.2011 to 11.05.2011 and 13.05.2011 to 13.06.2011. She filed a petition claiming compensation under Section 166 of the Motor Vehicles Act, 1988 (for short, the Act of 1988") impleading the driver, owner and insurer of bus no.PB-04K-9653 which was responsible for causing the accident due to its rash and negligent driving. Learned tribunal vide award dated 06.02.2012 allowed compensation to the tune of Rs.8,97,000/- alongwith interest at the rate of 6% per annum from the date of filing of the petition till realization. A direction was given that an amount of Rs.3,04,250/- shall be directly paid to Nevadak Prosthetic Centre, Chandigarh, if an artificial leg is supplied to the appellant. Respondents No.1 to 3 were held jointly and severally liable for payment of the compensation amount.

(3.) Assailing the award dated 06.02.2012 passed by learned tribunal, this appeal has been filed by the appellant for enhancement of the compensation. Learned counsel for respondent No.3 stated that it does not dispute liability of the insurer (respondent No.3-insurance company) to indemnify the insured.