KUMARI NEELAM Vs. JAI PRAKASH NATANI

JUDGEMENT

(1.) Both the misc. appeals i.e. misc. appeal No. 1999/2020 filed by the claimant-appellant- Kumari Neelam and the misc. Apeal No. 1474/2020 filed by the appellant/non-claimant- Tata AIG General Insurance Company Limited arise out of common judgment and award dtd. 18/2/2020 passed by the Court of learned Motor Accident Claims Tribunal, Dausa (Rajasthan) [for short "the Tribunal'] in case No. 93/2019, Kumari Neelam Vs. Jaiprakash Natani & Ors, which pertain substantially to the issue of quantum of compensation, hence they are being decided by this common judgment.

(2.) The facts borne out from the pleadings are that the injured claimant-Ms. Neelam, along with her friend, was walking from the Polytechnic Campus of the National Institute of Technology (NIT), Uttarakhand towards the IIT Campus. During this time, a vehicle bearing registration number UK-12-A-7878, being driven in a rash and negligent manner by its driver, struck the claimant with considerable force, as a result, the claimant sustained grievous injuries, and her companion also suffered physical harm. Both individuals were immediately taken to Base Hospital, Srinagar for medical attention.

(3.) In connection with this incident, the claimant instituted a claim petition under Sec. 166 of the Motor Vehicles Act, 1988, seeking compensation against the driver, the owner of the vehicle and the insurance company.