LAWS(HPH)-2008-9-15

RAJO DEVI Vs. KAILASH GIRI BUS SERVICE SOCIETY

Decided On September 08, 2008
RAJO DEVI Appellant
V/S
KAILASH GIRI BUS SERVICE SOCIETY Respondents

JUDGEMENT

(1.) The claimant in the present appeal has assailed the award dated 28.6.2004 passed by the Motor Accidents Claims Tribunal (II), Mandi in Claim Petition No. 72 of 2001 titled as Rajo Devi v. Kailash Giri Bus Service Society, seeking enhancement of the awarded amount of compensation.

(2.) A petition under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') was filed by the claimant alleging that on 30.8.2000 bus bearing No. HP 37-3287 being driven by respondent No. 2, in which the claimant was travelling, met with an accident due to rash and negligent driving on the part of the said driver. F.I.R. No. 52 of 2000 was registered against the driver. In the said accident she sustained multiple grievous injuries and had to be admitted and given treatment in the Government Hospital at Sujanpur, District Hamirpur, H.P.; Indira Gandhi Medical College, Shimla; and Post Graduate Institute at Chandigarh. In spite of treatment she could not recover and became 100 per cent disabled.

(3.) Based on the pleadings of the parties, the Tribunal framed the following issues: