INDRO DEVI Vs. HARI RAM MALHOTRA AND ORS.

JUDGEMENT

(1.) This appeal has been directed against the award dated 16.5.1994 of the Motor Accidents Claims Tribunal (II), Solan, camp at Nalagarh, hereinafter referred to as 'the Tribunal', whereby the claim petition made by the appellant, hereinafter referred to as 'the claimant' under Sec. 166 of the Motor Vehicles Act, 1988 was dismissed.

(2.) Briefly stated, facts of the present case are that the claimant on 5.4.1992 at about 11.30 a.m. was walking on a road in village Dadi Kanian in the company of 3-4 other persons when bus No. HP-02-1503 driven by respondent No. 2 and belonging to respondent No. 1 came from behind and knocked her down. The right leg of the petitioner came under the wheel of the bus and was seriously injured. The claimant was shifted to Rural Hospital, Nalagarh from where she was referred to P.G.I., Chandigarh for further medical treatment. The right leg of the claimant was amputated and she remained admitted in the P.G.I., Chandigarh till 11.5.1992. The claimant approached the Claims Tribunal seeking compensation of Rs. 1,00,000.00for the bodily injuries sustained by her by averring that the accident had taken place due to rash and negligent driving on the part of respondent No. 2.

(3.) Respondent Nos. 1 and 2, owner and driver respectively of the bus, denied the rash and negligent driving on the part of respondent No. 2 and it was averred that the claimant who is an old lady of about 70 years of age fell down of her own and struck against the rear portion of the bus and thereby suffered injuries.