LAWS(DLH)-1972-7-12

DELHI TRANSPORT UNDERTAKING Vs. KUMARI LALITA

Decided On July 21, 1972
DELHI TRANSPORT UNDERTAKING Appellant
V/S
KUMARI LALITA Respondents

JUDGEMENT

(1.) This appeal under section 110-D of the Motor Vehicles Act, 1939, is directed against the order of the Motor Accidents Claims Tribunal awarding compensation to the injured respondent. The respondent has also filed cross-objections claiming enhancement of the compensation.

(2.) Kumari Lalita, who was aged about 8 years, has become a cripple as a result of the accident by the appellant's bus on 6.12.61. She was standing at the bus stand of Vinay Nagar Colony, Ring Road, waiting for the bus. All of a sudden a DTU bus No. DLP 705 driven by Suresh Chander came there and crushed her. Extensive injuries were received by her. According to the doctors, she will never be the same again. It is doubtful that she would become normal in future having lost the use of various limbs.

(3.) After the accident she filed an application for compensation claiming Rs. 1,00,000.00. The application was resisted and it was stated that the accident was due to her negligence only since she was running across the road. Various other pleas taken up by the appellants were given up and the Motor Accidents Claims Tribunal was required to find out whether the injuries received by her were due to the rash and negligent driving of the bus in question; whether the injured was guilty of contributory negligence, if so to what effect; and to assess amount of compensation to which the injured was entitled. The Tribunal came to the conclusion that the accident took place because of the rash and negligent driving of the bus. It also found that the injured was also responsible for this accident her contributory negligence being to the extent of 20%. A sum of Rs 15,000.00 was assessed as compensation and after deducting 20% therefrom awarded a sum of Rs. 12,000.00, and that there was no negligence on the part of the bus driver.