NATIONAL INSURANCE CO. LTD Vs. REKHA KUMARI

JUDGEMENT

(1.) THE appellant--National Insurance Company--has challenged the award passed by the Motor Accident Claims Tribunal, South Goa, Margao in Claim Petition No. 26 of 1985 6n the point of quantum. The Tribunal has been pleased to award the compensation of Rs. 1,13,000/- with 12% interest thereon plus the costs of Rs. 3,000/ to the injured Rekha Kumari d/o Sukhbir Singh in the accident dated 8.9.1984 which occurred at 3 p.m. on Zuari Nagar Airport Highway Road about 50 mtrs. away from the airport junction. The facts in brief are that Rekha was travelling in an Ambassador car No. GDF-951 along the above road. She was occupying the back seat on the right side. There were other passengers in that car. The offending min bus No. GDZ-2607 came from behind and gave a dash to the Ambassador car, as a result of which the Ambassador car was pushed forward and the rear right door of the care was thrown open and Rekha was thrown out and her right leg got trapped in the wheels of the mini bus. She sustained serious injuries and claimed compensation of Rs. 1,13,000/- under various heads. The owner of the bus did not contest the claim and it is the Insurance Company that put in appearance and contested the claim both on the point of negligence and also on the point of quantum. However, the Insurance Company did not raise any other defence. The learned Member of the Tribunal, on the assessment of ocular as well as the documentary evidence, found favour with the claim of the petitioner and awarded the above amount.

(2.) THE Insurance Company preferred the appeal and it may be stated that the learned Advocate for the Insurance Company could not contest the question of rash and negligent driving on the part of respondent No. 1 - the owner of the offending bus. It was precisely because the driver of the vehicle did not step into the witness box. On the other hand, the claimant's witness Raja Devi and another witness Amar Singh--who was driving the Ambassador Car No. GDF-951 have unequivocally deposed that the ambassador car was going along the above road. The offending bus came from the back and gave a serious dash, as a result of which the petitioner was thrown out and further that there was extensive damage to the ambassador car. The driver of the offending bus was prosecuted in a criminal case. Even the claimant Rekha Kumari testified to all these facts and the cross-examination of these witnesses did not at all indicate that the driver of the ambassador car was in the wrong. In view of the reliable evidence, the learned Member of Tribunal was fully justified in holding the respondents responsible for compensation to the claimant.

(3.) THE father of the applicant has contended that even after discharge from hospital, the petitioner had to undergo three minor operations and that her left leg is practically rendered displaced.