- (1.) RAJEEV Gupta, C. J. Mr. Sudhir Kumar, Ad vocate for the appellant. Mr. D. S. Patni, Advocate for re spondent no. 1. None for respondent no. 2. They are heard.
(2.) THIS is claimant's appeal for en hancement of the compensation awarded by the Motor Accident Claims Tribunal/ District Judge, Pauri Garhwal vide Award dated 01-10-2003 passed in Motor Acci dent Claim Petition No. 8 of 2000. The claimant Km. Sapna, an un fortunate minor girl, aged about 12 years who suffered permanent disability to the extent of 90% in her left leg in the motor accident in the year 1999 claimed compensation of Rs. 6,45,000/ -. The accident occurred on 03-09-1999 when claimant Km. Sapna was on her way to a temple in her village and offending vehicle-jeep bearing registra tion no'. UP-31a-2992 came at an ex cessive speed and dashed her as a re sult of which she was dragged for a dis tance of about 15-20 feet. The claim ant suffered multiple injuries in the ac cident including compound fracture of her left knee exposing the bones of her left leg. At the time of the accident Sapna was student of IVth standard and on account of the injuries she could not continue with her studies.
(3.) THE owner and insurer of the of fending vehicle jeep contested the claim and denied the accident itself. THE In surance Company took the further plea that the jeep was being plied in breach of policy conditions and the driver of the jeep was not holding a valid driv ing license. The Tribunal on the evidence of APW-1 Km. Sapna, APW-2 Km. Asha, APW-3 Trilok Singh and APW-4 Dr. Khagendra Singh held that the claim ant Km. Sapna sustained multiple inju ries in the accident; she suffered perma nent disability in her. left leg to the ex tent of 90% on account of the injuries sustained by her in the accident; the accident occurred due to rash and neg ligent driving of the driver of the offend ing vehicle-jeep and the insurer of the jeep was liable to pay compensation to the claimant. Considering the extent of the permanent disability suffered by the claimant in the accident and the evi dence led about the medical expenses, the Tribunal awarded a sum of Rs. 15,069/- towards medical expenses; Rs. 2,500/- for transportation, attendant and special diet and Rs. 65,000/-to-wards permanent disability. Thus, a to tal sum of Rs. 82,569/- with interest @ 8% per annum from the date of the application was awarded to the claim ant for the injuries suffered by her in the accident.;