AARTI Vs. KAILASH SINGH & ORS

JUDGEMENT

(1.) This misc. appeal has been filed by the appellant claimant under Section 173 of the Motor Vehicles Act (for short hereinafter called; "the Act") against the Judgment cum award dated 3.12.2005 passed by the M.A.C.T., Nagaur in Claim Case no. 40/2004.

(2.) Briefly stated the facts of the case are that on 08.02.2004 the appellant claimant aged 8 years, got down from a bus at Butati Bus Stand with her parents and while crossing the road was hit by a car bearing registration No. RJ 20 C 3011 being driven by the Respondent No.1 Kailash Singh. As a result of the said accident, the appellant claimant received severe injuries. An application under Section 166 of the Motor Vehicles Act was filed on behalf of the appellant against the owner, the driver and the Insurance Company of the car, claiming a total compensation of Rs. 8,52,500/-. The Learned Tribunal framed the following issues for consideration:-

(3.) The Learned Tribunal, whilst deciding the Issues nos. (i) and (iii) held that the accident occurred due to equal contributory negligence of both the claimant as well as the respondent No.1. As regards the Issue No. (ii) the Learned Tribunal held the claimant entitled to an amount of Rs. 15,000/- as compensation, out which Rs.7,500/- was ordered to be deducted owing to 50% contributory negligence of the claimant herself in the accident. The learned Tribunal whilst deciding the issue no. (iv) held the respondent No. 3 the Insurance Company responsible to satisfy the claim.