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1965 Supreme(MP) 158

SHIV DAYAL, S.P.BHARGAVA
KUMARI DEEPTI TIWARI – Appellant
Versus
BANWARILAL – Respondent


Advocates Appeared:
R.K.VARMA, R.S.DABIR

SHIV DAYAL, J.

( 1 ) THIS appeal under Section 110-D of the Motor Vehicles Act, arises from a claim for compensation, which was made under Section 110 of that Act. The appellant, a yong girl of 15 years, a student of the 1st Year Science class in the S. B. R. College, Bilaspur, riding a lady bicycle, while returning from the College to her house, was struck from behind by a truck No. M. P. L. 718. She fell down with her bicycle. She was extricated from under the truck where she was lying between the front and the rear wheels. She was removed to the hospital. She sustained a fracture of the spine. She had to remain in the hospital for 3 months. She claimed rs. 8,400 as general damages and Rs. 1,600 as special damages.

( 2 ) THE Motor Accident Claims Tribunal (hereinafter called the Tribunal), passed a decree in favour of the applicant for Rs. 1,250, that is Rs. 500 as special damages and Rs. 750 as general damages against the third respondent, the Indian Trade and General Insurance Co. The claim was dismissed against the owner, Banwarilal (respondent 1), and the driver of the truck, Cornalious (respondent 2 ). The applicant has filed this appeal for enhancement of the general damage























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