BHARTI SINGH Vs. STATE OF M P

JUDGEMENT

(1.) his appeal is directed against the award of Motor Accidents Claims Tribunal, Sidhi, in Claim Case No. 49 of 1994, dated 13.11.1995.

(2.) Bharti Singh (claimant) was a regular student of B.A., Part II in Government College, Waidhan. On 3.2.1994 at 12.30 p.m. when she came out from the college to road for going to her house, jeep No. CPZ 4160 driven rashly and negligently by Banwari Sai (driver) hit her. She fell down and sustained serious injuries on her body including fracture to femur. She fell unconscious. Matter was reported to the Police Station, Waidhan by Arvind Kumar Singh and claimant was shifted to the hospital. The injuries suffered by the claimant were serious, the doctor at Waidhan Hospital advised taking the claimant to District Hospital, Sidhi. However, the father of claimant admitted her in N.C.L. Hospital, Waidhan for treatment where the doctor, looking to the condition of the claimant, advised for taking her to Banaras. Accordingly, the claimant was shifted to Banaras on 8.2.94 where she was treated at Anand Poly Clinic Research & Training Centre Private Limited, Varanasi and subjected to surgery on 23.2.1994. She was discharged from hospital on 7.3.1994. Thereafter, she was taken to Banaras by taxi on 8.4.1994 for check-up as per the advice of doctor. By this time the claimant had started walking with assistance of crutches. According to the claimant, she sustained permanent disablement due to the accident which was the result of rash and negligent driving of the driver of the vehicle. As a result of the accident, she could not resume her study. She states that she suffered injuries stated in para 9 of the petition for which the respondents are jointly and severally liable. Compensation in the sum of Rs. 4,41,000 is claimed.

(3.) Respondent Nos. 2 to 4 have filed joint written statement. They submit that the accident had not taken place due to the fault of the driver who was driving the jeep carefully and at slow speed. According to them, when the jeep crossed by the college, claimant came and ran across the road. Driver applied the brake with full force and attempted to save the claimant but she fell down after striking against the bumper of the jeep resulting in simple fracture. The accident was beyond human control. It could not be avoided and the claimant was responsible for it. She could be treated in hospital at Sidhi but she sought treatment at N.C.L. Hospital and Banaras unnecessarily which has resulted in huge expenditure for which she is not entitled. It was a case of simple fracture, therefore, suffering of permanent disability by the claimant did not arise. They also submit that under section 166 of the Motor Vehicles Act, father of claimant is not entitled to make good the loss he suffered in his business/trade/ profession while attending the claimant from time to time.