- (1.) Instant F.A.F.O has been filed by Kumari Savita Trivedi aged about 27 years, Daughter of Sri Ravindra Prasad Trivedi, Resident of Mohalla-Islamabad, Kasba and Police Station Mohammadi, District Kheri for enhancement of the compensation awarded by the Tribunal in Motor Accident Claim Petition No.1 of 2004 by which learned Tribunal has awarded Rs. 2,62,650/- (two lacs sixty two thousand six hundred fifty only) on different counts.
(2.) A Claim Petition No.1 of 2004 was filed by Kumari Savita Trivedi against Sayeed Ahmad Son of Sri Bashir Ahmad resident of Mohalla Shuklapur, Kasba and P.S. Mohammadi, District Kheri and Ram Sharan Son of Sri Ram, resident of Village Rampur Hira, Banda, Police Station Banda, District Shahajahanpur and United India Insurance Company stating that on 10.1.2003 at about 5:30 P.M. she was coming back from Mohammadi Market to her Mohalla at Islamabad on a scooter which was being driven by her brother Yogesh Kumar and she was pillion rider. As soon as the the scooter reached near crossing of Ramlila Gate within the limits of town Mohamdi, Mahendra Jeep No. U.P.D/8878 which was being driven rashly and negligently dashed scooter from behind in which she sustained grievous injuries and her brother also sustained some injuries. She sustained grievous injuries of fracture of both the legs and Kulha and further a report was lodged on 12.1.2003 as Crime No. 36/03 under Sections 279, 337, 338, 427 I.P.C. against unknown driver of the said jeep. Further she was taken to P.H.C. Mohamdi and after giving her first aid she was referred to District Hospital Shahjahanpur where she was X-rayed and plastered and further being serious she was further referred to Lucknow where she got her treatment for about six months at Lucknow and three operations were done on her. She also got treatment from private hospital Lucknow by Dr. Acharya and she was admitted in Nirala Medical Centre Lucknow. Steel rod were planted in her leg and one leg was chopped off in which her right leg became short in length. Further treatment is still going on and almost Rs. 10 lacs has been spent on her treatment. As the claimant Savita Devi became handicapped, she has claimed Rs. 20 lacs as compensation. Owner of the jeep O.P. No. 1 Sayeed Ahmad and driver of the Jeep Ram Saran O.P. No.2 have been arrayed as party and summons were served upon them, but they have not come to contest the claim petition. O.P. No.3, in its W.S., has generally denied from accident and has further stated that details of Insurance or Policy particular has not been filed. Further the amount claimed has not been supported with Bills and Vouchers and claimant has not come with clean hands. It is also averred that false, vaxatious and concocted claim petition has been filed. Further it has been pleaded that vehicle was being driven against the terms and conditions of policy which will amount to breach of the policy and Insurance Company is not liable to pay the amount of compensation; that accident was caused due to rash and negligent driving of the alleged scooterist. Out of the pleadings, the following issues were framed :- (1) Whether driver of Jeep No. U.P.31D/8878 by rash and negligent driving caused the accident on 10.1.2003 at 5:30 P.M. in area of Mohalla Ram Lila Gate Crossing Mohamadi and Km. Savita received grievous injuries in the accident, as alleged in the petition? (2) Whether the jeep was insured with O.P. No.3 at the time of the accident? (3) Whether the accident occurred due to contributory negligence of the appellant, as alleged in W.S.? (4) To what amount of compensation and from whom of the O.Ps. The appellant is entitled to get ?
(3.) Learned Tribunal below after going through the evidence on record has allowed the claim petition and directed Opposite Party No.3 United India Insurance Company to make the payment of compensation of Rs. 2,62,650/- (two lacs sixty two thousand six hundred fifty only) to claimant along with interest at the rate of 6% per annum. The appellant feeling aggrieved by inadequacy of this amount has filed this F.A.F.O.;