KUMARI SHAHNAJ Vs. THE NEW INDIA ASSURANCE COMPANY LTD AND ANOTHER
LAWS(RAJ)-2014-4-313
HIGH COURT OF RAJASTHAN
Decided on April 11,2014

KUMARI SHAHNAJ Appellant
VERSUS
THE NEW INDIA ASSURANCE COMPANY LTD AND ANOTHER Respondents

JUDGEMENT

J.K. Ranka, J. - (1.) Instant Civil Misc. Appeal has been filed by the claimant/ appellant under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 12.11.2007 passed by the Motor Accident claims Tribunal, Dholpur in claim case No. 333/2006, whereby the Tribunal has awarded a sum of 12,50,000/- as compensation in favour of the claimant/appellant.
(2.) The brief facts, as emerging on the face of record, are that on 28.9.2006 at about 5.30 P.M. in the evening, while the appellant who was aged 141/2 years ms going to her house after taking tuition by bicycle on bye-pass road near Baseri and when she reached near a water tank, then a truck bearing No. MP-06-E-4435, which was being driven in a rash and negligent manner by driver, hit the bicycle of the appellant and on account of the said accident her right leg got seriously injured and she sustained serious injuries. She received many injuries on other part of the body as well and bicycle was broken.
(3.) She was taken immediately to S.R. Nursing Home Agra where her right leg below knee had to be amputated and on account of the said amputation serious disability has been caused to the appellant. It was claimed that she was studying in class 10th and on account of the said accident and amputation her entire life lias been spoilt as she would be unable to do anything in life as she was doing prior to the accident.;


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