KUMARI TULIKA TANDON Vs. HAJARI LAL

JUDGEMENT

(1.) THE appellant has filed present appeal against judgment and award dt. 21.12.1999 passed by the Judge, Motor Accident Claims Tribunal, Barmer in Civil Misc. (Claims) Case No. 12/1998, for enhancement of the award amount. As per facts of the case, on 26.06.1996 the appellant -claimant along with her family boarded Bus No. RJ14 -P -4511 of the Rajasthan State Road Transport Corporation from Jaipur for Bikaner. In the night at about 11:45 PM when this bus reached Rasidpura near Sikar then respondent No. 1 - Hajari Lal, who was driving Truck No. RJI -3095 rashly and negligently, hit the bus from front side. In that collision, few passengers died on the spot while the appellant -claimant also got seriously injured. The appellant -claimant sustained various injuries including fracture of femur bone in her right leg. After the accident, the appellant -claimant was moved to Government Hospital, Sikar and thereafter she was admitted in Santokbha Durlabhji Hospital, Jaipur where she remained under treatment for long time and also underwent various operations.

(2.) A claim petition was filed by the appellant -claimant before learned Motor Accident Claims Tribunal, Barmer claiming compensation under various heads for a sum of Rs. 6,07,000/ - on account of injuries sustained in the aforesaid accident. It was claimed that Rs. 1,07,000/ - have been spent on her treatment and Rs. 1 Lac more are likely to be spent. It was contended that a steel rod has been fitted in her right thigh, now appellant -claimant is unable to bend her right knee and thereby has been rendered to permanent disablement. The appellant -claimant submitted on record various documents regarding her treatment & operation as also conveyance expenses incurred in the course of her treatment.

(3.) SIMILAR claim petition was also filed by an other injured - Smt. Ranjana Tandon. The respondents filed written statement. Since both the claim petitions arose out of same accident, therefore, learned Tribunal consolidated and decided both the claim petitions by common judgment.