THE PHOENIX ASSURANCE CO. LTD. Vs. KALPANA RAJPUT AND ANR.

JUDGEMENT

(1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act by the insurer M/S Phoenix Assurance Company Ltd., hereinafter called the Appellant, against the award dated 20.7.71 of the Motor Accident Claims Tribunal, Cachar, awarding a sum of Rs. 6,000/ - by way of compensation to the Petitioner -Respondent Kalpana Rajput, a minor girl represented by her father, on account of the injuries sustained by her in a motor accident.

(2.) THE Petitioner's case was that on 1.4.68 at about 7.30 a.m. she was knocked down by a motor truck bearing No. ASC. 2401 owned by opposite party No. 1 Khalilur Rahman and insured with the opposite party No. 2 the present Appellant, at Itkhola Road of Silchar town, as a result of which she sustained several injuries including a grievous injury, i.e. fracture of the right tibia resulting in permanent deformation of her leg. On account of the injury she had to be treated as an indoor patient in the Civil Hospital at Silchar for about a year. In her application she claimed a sum of Rs. 15,000/ - as compensation without giving any particulars.

(3.) SEVERAL issues were framed by the claims Tribunal, including one, as to whether the claimant was injured due to rashness, negligence or fault of the driver of the vehicle, which was issue No. 4. The Petitioner examined four witnesses including the Doctor who examined her injuries and her father. Opposite party No. 1 (the owner of the vehicle) examined the driver of the vehicle in support of his case. No evidence was adduced by opposite party No. 2 i.e. the present Appellant.