SURJIT KAUR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This is an appeal against the award dated 8.10.2002, passed by Motor Accident Claims Tribunal, Patiala (hereinafter referred to as 'the Tribunal').

(2.) The bare facts necessary for adjudication of the issue involved in the present appeal are that on 29.6.1999 the claimant Surjit Kaur wife of Puran Chand was travelling in Haryana Roadways Bus bearing Registration No. HR-45-3404 from Karnal to Dera Bassi. The bus was being driven by Kulwant Singh. At about 12:30 p.m. when the bus reached Dera Bassi bus stop, the claimant was getting down from the bus from the front door. The driver negligently suddenly started the bus. As a result of the negligent driving there was jerk because of which left leg of the claimant was crushed under the rear wheels of the bus. She was got admitted in the Government Medical College and Hospital, Sector 32, Chandigarh. Her left leg was amputated. Thereafter she remained admitted in General Hospital, Sector 16, Chandigarh for six days.

(3.) The claim petition was moved under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). After considering the evidence produced on record, the Tribunal held that the accident was due to rash and negligent driving of Kulwant Singh, driver, as a result of which the claimant suffered injuries. It was proved on record that she had suffered 40% permanent disability because of amputation of the left leg below knee joint (certificate Ex.A2). The age of the claimant at the time of accident was 40 years. She was a housewife and was stated to be earning Rs. 3,000/- per month by Tailoring and Embroidery. The Tribunal awarded the compensation to the tune of Rs. 90,000/- as detailed below: <FRM>JUDGEMENT_86_LAWS(P&H)8_2017_1.html</FRM> It is this award of the Tribunal, which has been challenged by the appellant before this Court seeking further enhancement of compensation.