DALIP SINGH,J. - (1.) THIS appeal has been filed against the award dated 4.10.1993 passed by the Motor Accident Claims Tribunal, Jaipur (hereinafter referred to as 'the Tribunal') in Claim Petition No. 364/1993 (76/1990) filed by the appellant for compensation on account of their injuries suffered by the appellant in an accident.
(2.) THE brief facts giving rise to this appeal are that the appellant was traveling with her family members in a Matador bearing Registration No. RSN 7192 and they were going to Nainital from Jodhpur via Jaipur and when the said vehicle reached near village Kanaota on the National Highway No. 11, met with an accident with a Truck bearing No. RNV 7866 which was coming from the opposite direction which was rashly and negligently driven by driver Ramchandra the respondent No. 1. The said Truck was owned by respondent No. 2 and insured by the respondent No. 3. As a result of the said injuries, a claim petition was filed before the Tribunal and the Tribunal awarded an amount of Rs. 35,000/ - as compensation to the claimant -appellant. The submissions of the learned Counsel for the appellant is that the appellant suffered fracture on both the legs. The age of the appellant at the time of accident was seven to eight years and was operated upon and remained in bed for a period about six months. On account of the said injuries, the appellant was unable to continue with her studies and lost one academic year. The further submission of the learned Counsel for the appellant is that the appellant had sustained a limp on the legs and the marriage prospects of the appellant have also been diminished. Consequently, learned Counsel for the appellant submits that the amount of Rs. 25,000/ - was awarded for the injuries and amount of Rs. 10,000/ - was awarded for the treatment and under the head of pain and suffering and the total of which comes to Rs. 35,000/ - which is wholly inadequate in the facts and circumstances of this case.
(3.) ON the other hand, learned Counsel for the respondents submits that no direct evidence has been led for the expenses of actual treatment and the amount awarded in the case of the appellant is reasonable.;