PHOOL PATI Vs. CHOTU RAM

JUDGEMENT

(1.) The present First Appeal arises out of the award dated August 13, 1984, passed by Shri Kuldip Singh, Judge, Motor Accident Claims Tribunal, Delhi.

(2.) The brief facts of the case, as alleged are that the appellant was sitting under the tree near Kothi No.35, Sukhdev Vihar at about 4.35 P.M.on July 3, 1981 when a milk van bearing No. DHG-5783 being driven by respondent no.1 came in a rash and negligent manner at a very high speed and hit the appellant with the result that she sustained serious injuries on her person. It is further alleged that the front wheel of the said milk van ran over her. The van was driven by respondent no.1 and he did not blow any horn nor he gave any signal and he was driving the same in rash and negligent manner and, as such, lost control of the vehicle which caused the injuries. The appellant sustained fracture on the left leg above the knee as well as below the knee. She also sustained grievous injuries on her left arm which was fractured as well as received bruises and lacerated wounds all over her body. The appellant was removed to Holy Family Hospital where she remained from July 3, 1981 to August 6, 1981 and she continued to receive treatment even till the date of filing of the petition. The claim for Rs. one lakh was made against the respondents, which included respondent no.3 who was the insurer of the vehicle driven by respondent no.1.

(3.) The petition was contested by the Insurance Company as well as by other respondents. The factum of accident was admitted but the negligence on the part of the driver was denied and it was stated that the vehicle was moving at a very low speed and the petitioner got afraid while it was taking a turn and started moving negligently and she got injured herself.