J.C.Verma, J. - (1.) The present misc. appeal has been filed by Priti against the defendants challenging the award of the Motor Accidents Claims Tribunal, Bharatpur in M.A.C. No. 51 of 1992 dated 7.9.94 whereby the award of Rs. 99,000 had been granted. Appeal has been filed for enhancement.
(2.) The facts as stated are that due to rash and negligent driving of bus No. UP 80-9094 driven by respondent No. 2 Kanhaiya Lai belonging to respondent No. 1 on 1.3.92, the claimant was hit. The claimant had sustained injuries on head and both hands and due to excessive bleeding, it is stated that she had become unconscious and her both legs were crushed and fractured. She was taken to the General Hospital, Bharatpur and again referred to SMS Hospital, Jaipur, but because of the reason that hospital at Agra was near as compared to Jaipur, she was admitted to the hospital in Agra. She became permanently disabled in one leg. The necessary issues were framed. It was found by the Tribunal that the driver of the bus in question was negligent. For the reasons that the appeal has been filed for enhancement, there is hardly any necessity to go into any other aspect of the matter except the point of compensation.
(3.) The Tribunal had also held that the appellant had also contributed to 40 per cent negligence and, therefore, out of compensation so awarded, the appellant was paid only 60 per cent of compensation. The award is being challenged on the folowing points: (1) that the compensation as awarded is not adequate; (2) that there was no contributory negligence; (3) the actual medical expenses for treatment were not adequately compensated as out of Rs. 70,000 claimed only Rs. 30,000 has been awarded; (4) that very meagre amount of Rs. 20,000 has been given for physical and mental pain; (5) that the leg of the appellant was shortened by two inches and there was 44 per cent permanent disablement due to this accident; (6) that she would definitely be handicapped in getting good match in marriage and the future was in frustration and disappointment.;