UNION OF INDIA (UOI) AND ANR. Vs. MISS SAVITA SHARMA

JUDGEMENT

(1.) THIS appeal is directed against the order of the Motor Accidents Claims Tribunal, Jammu & Kashmir, Jammu, dated January 18, 1978 5n Claim Petition No. 31 of 1973. The Claims Tribunal has awarded compensation to the extent of Rupees two lacks in favour of respondent on different counts. Aggrieved by this order, the Union of India as well as V.V. Pillai driver of Army Vehicle have come up in appeal. The facts of the case are very brief:

(2.) ON 30th April, 1974 at about 1 -30 P.M. the respondent Miss Savita Sharma alias Babli, was travelling in a tempo and was coming to Jammu proper from Gandhinagar. When the tempo reached Dogra Chowk, a Military truck No. ZD 59611 which was being driven by appellant No, 2 rashly and negligently dashed against the tempo resulting in injuries to Miss Savita and some others in the tempo. The respondent received serious injuries in her leg, was removed to hospital in Jammu, but on medical advice was later removed to Sardar Jang Hospital, Delhi where on 5th of May, 1973 her right leg from knee downwards was: amputated. She remained in the hospital for about a month and had to visit the hospital twice a week for about another month or so for purposes of training and proper utilization of the artificial leg that was made for her. She was accompanied to Delhi by her brother and two other persons from her house -hold. Her father Atma Ram being a poor man had to borrow money from several persons to meet the expenses on medical treatment of his daughter and also for maintaining her in and outside the hospital at Delhi for a considerable time. In the petition Savita Sharma claims an amount of Rupees two lakhs as compensation and she also gives a break up of this amount on different counts as follows:

(3.) ON the other hand appellant No. 1 produced and examined Lt. V.S. Negi and appellant No. 2 examined himself as his own witness.