KIRAN KUMARI Vs. NEW JAYANTI BUS SERVICE

JUDGEMENT

(1.) THIS appeal for enhancement of compensation has been filed by the claimant, Kiran Kumari.

(2.) IT would be pertinent to mention that F.A.O. No. 75 of 2005 arising out of the same award was filed by the owner. In this appeal he has challenged the award of the learned Motor Accidents Claims Tribunal (1), Kangra at Dharamshala (M.A.C.T.) whereby the learned Tribunal had directed that the insurance company would satisfy the award first, but would be entitled to recover the amount deposited by it from the owner. This appeal (F.A.O. No. 75 of 2005) was dismissed by a learned single Judge of this court on 4.8.2009 and. therefore, this aspect of the matter is not being gone into. Challenge to negligence made in the said appeal has also been decided.

(3.) PW 4, Pawna Devi, the mother of the claimant, had stated that her daughter (claimant Kiran Kumari) suffered 60 per cent disability as per medical certificate, Exh. PW1/A. According to her, artificial limb was purchased for Rs. 56,270 vide quotation 'Mark B'. She had also proved the discharge certificate 'Mark A'. According to her, her husband who at that time was working at Dubai came back after taking leave to attend on his daughter and spent Rs. 60,000 to Rs. 70,000 on his visit. She also placed on record the air tickets of her husband. She had also proved the other medical expenses. PW 5, Dr. Bhanu Awasthi, had also treated the claimant.