JYOTI CHOURASIYA Vs. PUSHPA CHOURASIYA

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Durg, dated 6.11.95. Accident took place on 10.6.1983 when Ambassador car No. MPT 98 owned by respondent No. 1, driven by the father of claimant, hit the milestone. Appellant suffered injuries and was shifted to the Government Hospital, Kawardha. After first aid she was taken to Bombay and was also treated at Bhopal. Due to the accident she lost vision of right eye completely. There was ulceration on her left eye with the loss of blinking and lachrymation resulting in dry and painful eye. Vision is also reduced which cannot be corrected by power glass. Vehicle was being driven rashly and negligently as a result of which it hit the milestone. Sushil Kumar died while other occupants received injuries. Compensation of Rs. 7,30,000 has been claimed.

(2.) Insurance company has not admitted the claim and alleged that father of the claimant himself was responsible for the accident who was driving the vehicle without valid driving licence committing the breach of the policy. Exaggerated claim for compensation has been made.

(3.) Tribunal found that accident took place as alleged and the claimant suffered the injuries. Accordingly, compensation of Rs. 74,758.25 has been awarded with interest at the rate of 12 per cent per annum payable from the date of application till realisation.