SONIA BANSAL Vs. JAGDEV SINGH & ANR.

JUDGEMENT

(1.) CM-60-CII-2014 Prayer in the application filed under Section 5 of the Limitation Act is for condonation of delay of 80 days in filing the present appeal. For the reasons stated in the application, same is allowed and the delay of 80 days in filing the present appeal is condoned. FAO-66-2014

(2.) The appellant-claimant-injured, namely, Sonia Bansal, has filed the present appeal seeking enhancement of compensation in the award dated 05.02.2013 passed by the Motor Accident Claims Tribunal, Chandigarh (for short, 'the Tribunal').

(3.) Briefly stated, on 13.10.2008 at about 7.30 PM, the appellant-claimant was coming from Mohali to Chandigarh on her Kinetic Honda Scooter bearing registration No.HR-03-A-2104 at slow speed on left side of the road, along with her husband, who was on pillion seat. When they tried to cross the round about of Sectors 39-40, one Tata Indigo Car bearing registration No.CH-03-W-5676 came from the side of Police Station, Sector 39, Chandigarh, being driven by Jagdev Singh (respondent No.1) in a rash and negligent manner and struck against her scooter. As a result thereof, the claimant and her husband along with the scooter fell down on the road and the claimant suffered grievous injuries on her left knee and multiple injuries on other parts of the body. The driver of the said Indigo Car lifted the claimant to Civil Hospital, Phase VI, Mohali, where some officials of said hospital were known to respondent No.1 and they managed to befool the claimant. Respondent No.1 apologized and requested the claimant that he will bear all the expenses of treatment. Thereafter, the matter was reported to the police and a case vide FIR No.17 dated 11.01.2009 was registered against respondent No.1 for the offence under Sections 279, 337 of Indian Penal Code in Police Station Sector 39, Chandigarh. Hence, the claim petition was filed.