SALMA BANO Vs. ANAND SINGH

JUDGEMENT

(1.) This civil misc. appeal has been preferred by claimant-appellant for enhancement of compensation against the award dated 7.7.1997 passed by the Motor Accidents Claims Tribunal, Kota, in M.A.C. Case No. 125 of 1994. The Tribunal awarded the amount of Rs. 43,027 as compensation.

(2.) The claimant Salma Bano was injured in an accident on 13.1.1994 when she was hit by a Tata Estate car No. RJ 20-C 2018, which was driven by respondent No. 1 Anand Singh. The said Tata Estate car caused accident with the scooter, on which the present appellant was sitting. As a result of accident, the claimant sustained injuries and remained admitted in the hospital from 13.1.1994 to 24.1.1994 and is said to have suffered compound fracture in tibia-fibula of the right leg. She had also suffered injuries on the left leg and also on fingers and head. The wounds on the head were stitched. According to the claimant, she had suffered 15 per cent permanent disability.

(3.) Since the present appeal is concerned with enhancement of amount awarded by the Tribunal, therefore, there is hardly any necessity to go into other aspects of negligence or as to how the accident was caused. The finding of guilt has already been recorded against the driver of Tata Estate car.