ZILLA PARISHAD Vs. VILAS GONAJI KAMBLE

JUDGEMENT

(1.) THIS judgment would dispose of the appeal as well as the cross-objections arriving out of judgment, passed in Motor Accident Claim Petition No. 10/82, by Ex-Officio Member of the Tribunal, Nanded, in an application filed before him under Section 110-A of the Motor Vehicle Act claiming compensation for Rs. 1,00,000/-for the death of Kondabai Kamble, who died as a result of injury she suffered and sustained in Motor Accident,

(2.) KONDABAI Kamble, the victim, was a Sweeper working in Nanded Municipal Council and at about 10.30 a.m. on 5th December, 1981, she was returning home perhaps not knowing that it was her last journey towards the house. Her house is situated in New Mondha, which is beyond the Railway Station and there is a foot-path at about 4 to 5 ft. in width, leading to that house. When she was on the foot-path, a vehicle dashed against her, so severe was the impact and so forcible was the dash of the tractor that because of the injuries she sustained, she did not live for a long time.

(3.) THE defence of the Zilla Parishad was that the driver of the tractor bearing VIH.A. 1570 was not driving the tractor at the relevant time and the person driving that tractor was not in the employment of the Zilla Parishad. There is discrepancy of the number of the tractor and the Zilla Parishad wanted to say that because of the mistake, it should not be made liable to pay the compensation.