DEEPIKA Vs. HARJIT SINGH

JUDGEMENT

(1.) This is appeal by claimat Deepika (minor) through her father (Mahesh Chand Sharma) against the award dtd. 3/8/1995 passed by Motor Accident Claims Tribunal, Ropar (later referred to as 'the tribunal').

(2.) The facts relating to the accident as incorporated in para 24 of the claim petition are reproduced as follows:- "That on dtd. 29/8/1992 at 1.00 pm, Shri Mahesh Chander Sharma was driving his scooter No.CHH-8468 and was going to his residence at Panchkula, his wife was sitting on the pillion seat of the scooter and the petitioner (minor daughter) was sitting in the lap of her mother. He was on the road of Chandigarh-Ambala Road and when he reached a tea-stall near Petrol pump of Zirakpur, the scooterist was on the left side of the road and the speed of the scooter was very slow then a truck came from the Chandigarh side and hit the scooter of Mahesh Chander Sharma. The speed of the truck was very fast and its R.C. number was CH-01-F-6845, with the impact the scooterist along with his wife and the petitioner (minor child/daughter) fell down on the road and sustained various injuries on her/his body. The mother of the petitioner died on the spot and the father (Mahesh Chander) along with the minor daughter, petitioner were removed to Civil Hospital. The petitioner's right foot below knee (was) amputated by the doctors attended (attending) on her. The accident has been (had) taken place because of the rash and negligent driving of Shri Harjit Singh, Respondent No.1."

(3.) As the finding of the tribunal that accident was caused due to rash and negligent driving of the truck No.CH-01-F-6845, has attained finality and the only plea raised in this appeal is regarding quantum of compensation, detailed facts of the case are being skipped for the sake of brevity.