HARVINDER SINGH @ JANGOO Vs. AMAR JEET KAUR

JUDGEMENT

(1.) THIS judgment shall dispose of two appeals since they arise out of the same award and the same accident.

(2.) THE facts necessary for disposal of the case are that Amar Jeet Kaur, who was a minor at the relevant time, filed a claim petition, through her mother and natural guardian claiming compensation under Section 166 of the Motor Vehicles Act. In this claim petition it was alleged that when the claimant was coming back from her school on a bicycle at about 4.15 p.m., near Ghuttanpur, truck bearing No. HPN-2068 coming from Paonta Sahib side in a rash and negligent manner hit the applicant. It is alleged that the applicant fell down on the spot and sustained injuries. She was taken to the hospital at Paonta Sahib and from where she was referred to the Ortho Specialist. Thereafter she was taken to Waryam Singh Hospital at Yamuna Nagar. The claimant had been under treatment in various hospitals at Paonta Sahib, Yamuna Nagar, Panchkula and also at P.G.I., Chandigarh. Compensation of Rs. 5 lakhs along with interest was claimed on behalf of the claimant.

(3.) ON the pleadings of the parties the Tribunal framed the following issues: