NATIONAL INSURANCE CO. LTD. Vs. SUNITA

JUDGEMENT

(1.) NATIONAL Insurance Company Limited, Panch Batti, M.I. Road, Jaipur, has filed this appeal against the award dated 21.5.1985 passed by the Motor Accidents Claims Tribunal, Jaipur in Claim Case No. 119 of 1980 (Sunita v. Harilal).

(2.) RESPONDENT No. 1, the claimant, filed a claim petition for Rs. 5,35,000/ - against the appellant, along with respondent Nos. 2 and 3, before the Motor Accidents Claims Tribunal, Jaipur on the ground that on 7.4.1980 at about 2 p.m. in village Moja Lakher, the driver of truck No. RSR 4741, while driving the said truck rashly and negligently, dashed the claimant, respondent No. 1, opposite the Sheetla Mata Temple, which caused serious injuries to her in both the legs. As a result of the injuries her left leg had to be amputated and the right leg became useless due to this accident. In her claim petition, she gave the details as to how Rs. 5,35,000/ - were to be made out.

(3.) BOTH the parties led evidence in support of their respective cases. The Tribunal found that the accident occurred due to the rash and negligent driving of the driver on account of which respondent No. 1 received serious injuries in one of her legs as a result whereof the left leg had to be amputated up to her thigh. The Tribunal held that the respondent No. 1 was entitled to a sum of Rs. 77,000/ -as compensation.