VANDANA JAIN Vs. DHARMENDRA KUMAR JAIN

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Satna, in the Claim Case No. 70 of 1994, decided on 11.7.1995.

(2.) Vandana Jain (22) was a student of M.A. (English). On 26.2.1993 she was going in the car No. UP 83-3648 towards Secohabad. This car was owned by Vimla Devi Jain, driven by Dharmendra Kumar Jain and insured with New India Assurance Co. Ltd., Rewa Road, Satna. When the car was passing through village Hinro-dipar, a truck driven rashly and negligently was seen coming from the opposite side. With a view to avoid dash with the truck the car hit the culvert. As a result of this accident the claimant suffered compound fracture of right femur, fracture of bone in the lower portion of right foot and ankle of right foot. She was admitted in Government Hospital, Satna from 26.2.1993 to 4.3.1993, thereafter taken for treatment to Agra. A claim for Rs. 3,50,000 has been raised. Respondent Nos. 1 and 2 have clear ly admitted the allegation of the claimant. Respondent No. 3 has stated that appellant is a member of the family of the other respondents, therefore, does not come in the category of third party. Claims Tribunal has come to the conclusion that both the vehicles were jointly responsible for the accident, therefore, the compensation of Rs. 1,00,000 has been awarded. Since the owner and driver of the truck have not been made party to the case, entitlement of compensation has been confined to Rs. 50,000 with interest at the rate of 12 per cent per annum payable by the respondents. Through this appeal, this award has been challenged.

(3.) Matter examined, evidence perused. From the evidence it is absolutely clear that there is no negligence on the part of the truck driver and the finding of the Tribunal holding it jointly responsible with the other vehicle is not sustainable. It appears that, on seeing the truck coming from the opposite side the driver of the car committed the accident by hitting it against the culvert. As a result of this accident injuries were sustained by the claimant. Therefore, it is owner and driver of the car who are responsible for causing the accident and New India Assurance Co. Ltd. is liable to pay the compensation. The claimant suf fered serious injuries, mentioned above, in this accident. She remained in hospital for a substantial time. She incurred heavy expenditure on medical treatment, affected her studies and marriage prospects. Voluminous documents/cash memos have been placed on record to prove nature of injuries and expenditure on treatment. Approximately, more than Rs. 50,000 appear to have been spent for this purpose. However, compensation of Rs. 50,000 is awarded towards medical treatment. Claimant underwent serious mental pain and suffering for all the period due to the serious injuries she suffered in the accident. Her studies were affected. She had to remain unmarried for the rest of her life. Therefore, towards the pain and suffering we allow compensation of Rs. 20,000 and for the injuries Rs. 75,000. Therefore, total amount of compensation payable to the claimant is Rs. 1,45,000 minus Rs. 50,000 already awarded by the Tribunal. We enhance the award with interest at the rate of 12 per cent per annum from the date of application which shall be paid within two months from the date of the order, by New India Assurance Co. Ltd., Rewa Road, Satna. The appeal is, accordingly allowed. Appeal allowed.,