BIJAN BAI Vs. OORISA BENGAL CARRIERS

JUDGEMENT

(1.) The injured-claimant was coming to Durg from Nagpur in Tata Sumo bearing registration No. MH 31-Z 6089 on 12.4.1999 and when the said vehicle reached near village Urai-Dabari, a truck bearing registration No. MP 23-DA 3456 came from the opposite direction driven in a rash and negligent manner, dashed against the Tata Sumo and because of which the appellant and others who were travelling in the said Tata Sumo sustained injuries.

(2.) The appellant filed a Claim Case No. 43 of 1999 claiming compensation of Rs. 11,90,000 under various heads since she had sustained head injury as well as hip injury. The Tribunal awarded compensation of Rs. 35,800. Being aggrieved by the said award, the present appeal has been filed.

(3.) Accident took place because of rash and negligent driving by the driver of the truck bearing registration No. MP 23-DA 3456 is not in dispute now. The only question that remains for consideration is what is the just compensation for which the appellant would be entitled.