TWINKLE Vs. KULBIR SINGH MANHAS

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant against award dtd. 29/1/2010 passed by the Motor Accident Claims Tribunal, Jammu (Court below, for short) in file No. 548/Claim titled Twinkle v/s Kulbir Singh Manhas and others. BRIEF FACTS.

(2.) The appellant met with an accident on 4/4/2004 due to rash and negligent driving of respondent 1 who was driving the vehicle (Tata Mobile) bearing No.JK02S-8863 and hit appellant outside her house, situated at village Pandorian, Tehsil and District Jammu. Due to the accident, the appellant suffered serious injury over left foot with exposure of underlying muscles, tendons and bones, with crushing of lateral malleolus left. The external fixation with support of rods was given to the appellant and an operation with bone grafting was done. The appellant has scarring of dorsolateral aspect of left ankle with wasting of left foot with stiffness of left ankle, hence making appellant unable to walk properly.

(3.) The appellant filed a claim petition bearing No. 548 on 27/10/2004 and claimed compensation to the tune of Rs.30.00 lacs, along with interest. The Motor Accident Claims Tribunal, Jammu after consideration of the matter vide order dtd. 29/1/2010 passed an award of Rs.1,09,250.00 along with 7.5% interest from the date of filing of the claim petition in favour of the petitioner (appellant herein).