KIRAN KUMARI Vs. NEW JAYANTI BUS SERVICE

JUDGEMENT

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

(2.) IT would be pertinent to mention that FAO No. 75 of 2005 arising out of the same Award was filed by the owner. In this appeal he challenged the Award of the learned Motor Accident Claims Tribunal (1), Kangra at Dharamshala (MACT) 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 (FAO No. 75 of 2005) was dismissed by a learned Single Judge of this Court on 4th August, 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.) THE claimant at the relevant time was a minor girl of 8 years. In the accident, she suffered multiple injuries. THE right limb of the claimant was amputated below the knee. THE Medical Board vide certificate Ext. PW1/A proved on record by Dr. Gursharan Dass Gupta, PW-1 assessed the permanent disability of the claimant at 60%. PW-3 Dr. K.K. Rattan who was the then B.M.O., CHC, Jawalamukhi also supported the case of the petitioner in this regard.