SHAKUNTLA DEVI Vs. ASHOK KUMAR
LAWS(RAJ)-2010-1-55
HIGH COURT OF RAJASTHAN
Decided on January 08,2010

SHAKUNTLA DEVI Appellant
VERSUS
ASHOK KUMAR Respondents

JUDGEMENT

- (1.) Challenge in this appeal is to the judgment and award dated 26th July, 2001 passed by Motor Accident Claims Tribunal Behror, District Alwar whereby the learned Tribunal decreed an amount of Rs.1,00,000/- together with interest @ 9% payable from the date of filing the claim petition till its actual realisation in favour of the appellant-injured. Dissatisfied with this amount of compensation, the appellant has preferred this appeal for enhancement of the same.
(2.) Background facts, in a nut shell, are thus: "That on 28th March, 1999 at about 12.00 in day hours, the appellant was coming back from her field. She was carrying a load of gram-crop with her. No sooner did she reach at bus stand of village Goonti and endeavoured to cross the road, the respondent Ashok Kumar who happened to be the owner of the vehicle also, drove the bus No.RJ-02P-1100 negligently at a fast speed and suddenly caused accident, as a result whereof the appellant sustained in all 10 injuries on her person. There being no proper medical facility at Behror, she was immediately taken to Jaipur for treatment. She is said to have remained admitted in Hospital for a long time and incurred huge expenses on medical treatment."
(3.) The appellant-injured filed a claim petition before the Tribunal and the learned Tribunal having recorded the statements of the witnesses and heard the parties, rendered an award of Rs.1,00,000/- in favour of the appellant and against the respondent. The appellant did not find this amount of compensation to be apt and reasonable, hence, this appeal.;


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