SECRETRAY Vs. ANIMA MAHAD

JUDGEMENT

(1.) Out of the same incident and common award. On 22.2.1996, the claimant Amina Mamad and her daughter Sayara aged 8 years were travelling in a Vespa Rickshaw bearing Registration No. GRU-3982 and were going from Salaya to Khambhalia. When the said rickshaw reached near the bridge on Salaya Khambhalia Road, at that time, the original opponent No. 1 came there driving jeep bearing registration No. GBA 237 in rash and negligent manner and dashed with the rickshaw bearing Registration No. 3982 in which the claimant Amina and her minor daughter Sayara were travelling resulting in grievous injuries to the claimant Amina Mamad on her hands and other parts of the body and grievous injuries to Her daughter Sayara who died.

(2.) The claimant Amina Mamad is a Fisherwoman earning Rs.100,00 to Rs. 150.00 per day. She was admitted in the Irwin Hospital Jamnagar where she was operated and treated. Thereafter, she got treatment at Ahmedabad and thereafter, she was also treated in a private hospital at Jamnagar. The claimant states that due to this accident, she has suffered great mental paint shock and suffering and unable to work as fisher woman, she had to spend huge amount towards treatment purchase of medicines, special diet, transportationa charges etc. She, therefore, claimed compensation of Rs.4,00,000.00 under the various heads. With regard to Sayara, compensation of Rs.1,00,000.00 is sought. Driver of the rickshaw has also claimed compensation of Rs.1,00,000.00. Son, of the opponents have not filed their written statement. However, the claims are disputed by the others including the Insurance Company stating inter alia that the jeep was not being driven in a rash and negligent manner as alleged, the accident was caused by the rickshaw driver who overtook the vehicle and dashed against Jeep coming from opposite side. It was also stated that the claims are exorbitant therefore, liable to be rejected.

(3.) On the basis of the pleadings of the parties, the claims tribunal framed separate issues in three claim petitions which are to the effect whether it is proved that the claimants sustained injuries/death due to the rash and/or negligent driving of the driver of the vehicle involved in the accident and whether the claimants were entitled to compensation, if yes, what amount and from whom.