MEERABAI Vs. NASIRALI

JUDGEMENT

(1.) THIS is an appeal by the claimant-injured against the award dated 21. 9. 1988 passed by the Vth Additional Motor Accidents Claims Tribunal, Indore in Claim Case No. 175 of 1987, whereby the learned Tribunal has awarded Rs. 7,720/- with interest at the rate of 12 per cent per annum as compensation in respect of injuries sustained by the claimant in the motor accident which occurred due to rash and negligent driving of an autorickshaw bearing registration No. MPF 8835.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows: On 20. 5. 1979 at about 9. 15 p. m. while the claimants Meerabai and Nagindas were going in an autorickshaw bearing registration No. MPF 8835 from Ramkumar Mill, Indore, towards Yashwant Talkies, the said autorickshaw overturned on the road near telephone exchange due to rash and negligent driving of its driver respondent No. 2 Bijaykumar and as a result of this accident the claimant Meerabai sustained injuries including a fracture on her left shoulder. Her husband Nagindas who is a claimant-appellant in the other connected appeal (Misc. Appeal No. 203 of 1988) sustained injuries on his left hand and left shoulder and a fracture of his clavicle bone. Both the claimants Meerabai and Nagindas were admitted in M. Y. Hospital for treatment of their injuries.

(3.) TWO separate claim petitions were filed before the Vth Additional Motor Accidents Claims Tribunal, Indore, one by the claimant-appellant Meerabai which was registered as Claim Case No. 175 of 1987 and the other by the claimant Nagindas which was registered as Claim Case No. 176 of 1987 and in each of the two cases the owner and driver of the autorickshaw, viz. , Nasirali and Vijaykumar were joined as non-applicant Nos. 1 and 2. The insurer in respect of the autorickshaw and the former owner of the said autorickshaw Jagdish kumar were also joined as respondent Nos. 3 and 4.