BINOTI PATNAIK Vs. STATE OF M P

JUDGEMENT

(1.) These appeals, M.A. No. 927 of 1997 (Binoti Patnaik v. State of M.P.) and M.A. No. 617 of 1997, (State of M.P. v. Binoti Patnaik) are proposed to be decided by this judgment since they arise out of the same accident and the award of Motor Accidents Claims Tribunal, Bhopal, in Claim Case No. 24 of 1995, dated 5.2.1997. Claimant has been awarded compensation of Rs. 1,40,000 (Rs. 1,00,000 for disability, Rs. 35,000 for pain and suffering and other expenses and Rs. 5,000 for special diet) with interest at the rate of 12 per cent per annum from the date of application till payment. That apart, Rs. 500 have been awarded towards counsel's fee.

(2.) Binoti Patnaik (hereinafter referred to as 'the claimant') was going from Durga Petrol Pump to Panchsheel Nagar, by a moped No. MP 04-E 3198. It was on the left side of the road and when she reached bus stop No. 5 near Durga Petrol Pump and the crossing, jeep bearing registration No. MP 02-434, driven by Anwar with speed, dashed against the moped of the claimant. As a result, she fell down and received injuries. She was admitted in the hospital where she remained from 1.9.1994 to 15.10.1994. Her left leg was operated because of the fracture and plastered. Because of fracture of tibia bone, she was admitted again in the hospital and operated on 17.1.1995. At the time of accident, she was working as an Accountant with Kabra Agro Industries Ltd., Bhopal, receiving Rs. 2,000 per month. Compensation of Rs. 3,12,000 has been claimed.

(3.) Anwar (driver) has denied the taking place of the accident. He states that on this day, he had gone to Vidisha with the Dy. Director, Agriculture, and returned back to Bhopal at 4 p.m. He had parked the jeep in the garage and went to his house. Other respondents have taken the same stand which has been taken by Anwar.