KU RACHANA DUBEY Vs. PITAMBAR DAS BHOJUMAL

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accidents Claims Tribunal, Raisen in Claim Case No. 30/93, dated March 7, 1998.

(2.) APPELLANT Ku. Rachana Dubey was going with her father to village Amrawad from Bhopal by Bus No. M. P. 04-C-6392 on 22-5-1993. When the bus reached near Village Damdangri, it met with an accident due to rash and negligent driving by Surendra Kumar Rajpal. She was injured in the accident and received serious injuries on left cheek of her face with sharp broken glasses of the window of the bus. She got treatment from Dr. Shrikant Sharma (P. W. 2) of District Hospital, Raisen. Later she filed claim petition against the respondents claiming compensation of Rs. 1,40,000/ -.

(3.) RESPONDENTS have stated that there was no rash and negligence in the driving of the bus. Insurance Company has stated that the driver did not possess valid driving licence for driving the vehicle. The Claims Tribunal has come to the conclusion that the accident took place as alleged and found the claimant entitled to compensation of Rs. 15,000/- for the disfiguration of the face (disability ). However, it has been made payable by owner and driver of the vehicle jointly and severally.