MANJU Vs. MAHAVIR PRASAD JAIN

JUDGEMENT

(1.) The present misc. appeal has been preferred for enhancement of the compensation against the award dated 12.2.98 passed by Motor Accidents Claims Tribunal, Bayana, Distt. Bharatpur in Claim Application No. 123 of 1995, whereby the amount Rs. 83,100 has been awarded as compensation, whereas the claimant had claimed a total amount of Rs. 9,69,000.

(2.) The claimant had met with the accident on 7.11.1995 when she was hit by the truck No. RSD 4401. The right leg of the claimant was crushed resulting in amputation below the knee. The truck was insured with respondent No. 3. After framing the necessary issues the Tribunal had come to the finding that the accident was caused due to negligent driving of the driver of truck. After considering the oral and documentary evidence the Tribunal has awarded Rs. 75,000 for pain and suffering and Rs. 8,100 on other counts. As such, the total compensation Rs. 83,100 has been awarded.

(3.) For the reason that the present appeal has been filed for enhancement of compensation, therefore, there is hardly any necessity to discuss any other aspect of the case.