JUDGMENT

Navin Chawla, J. (Oral)

CM APPL. 34472/2023 (Exemption)

1. Allowed, subject to all just exceptions.

MAC.APP. 339/2023

2. This appeal has been filed challenging the Award dated 18.03.2023 passed by the learned Motor Accident Claim Tribunal-02, South-West District, Dwarka Courts, New Delhi (hereinafter referred to as the `Tribunal'), in MACT No. 782/2016 titled Baby Khushi (Minor) v. Rahul & Ors.

3. The above claim petition was filed claiming that on 31.08.2013 at about 6:30 PM, the claimant was going on a Scooty bearing No. DL-9S-AM-4156 as a pillion rider along with her Aunty Annu @ Moni, who was driving the same. When the Scooty reached in front of P.S. Bindapur, suddenly one truck bearing No. DL-IL-G-4192, being driven by its driver, Shri Rahul (respondent no. 1 before the learned Tribunal), in a rash and negligent manner came from behind and hit the rear of the Scooty with its front bumper with great force. Due to this forceful impact, the Claimant along with her Aunty fell down on the road and the Claimant received grievous injury resulting in amputation of her left leg below knee. The claimant suffered permanent disability of 75%.

4. The limited challenge of the app