KASHI NATH AND SONS Vs. BHAGIRATHI DEVI

JUDGEMENT

(1.) THE owner of the vehicle has filed this appeal under Section 110 -D of the Motor Vehicles Act against the award of the Claims Tribunal.

(2.) THE claimant met with an accident involving jeep bearing No. UPN 769 owned by the Appellant on 7.9.1977 on the Almora -Chitai road near the district Almora. As a result of the accident, left leg of the claimant was fractured besides several other injuries. A claim for Rs. 15,000/ - was raised in the petition which was resisted by the Appellant, inter alia, on the ground that no such accident had taken place involving the jeep in question; that the claimant had suddenly crossed the road from right to the left when the vehicle was very close to her and thus she was guilty of contributory negligence; that the vehicle was not being driven either rashly or negligently at the relevant time; and the claimant was not entitled to any compensation.

(3.) IN appeal the learned Counsel for the Appellant has mainly attacked the amount of compensation awarded by the Tribunal and has also contended that the claimant herself being guilty of contributory negligence she was not entitled to any compensation at all.