STATE OF MADHYA PRADESH Vs. JAYSHREE JOSHI

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accidents Claims Tribunal, Sehore, in M. C. C. No. 80 of 2000, dated 19. 2. 2001.

(2.) JAYSHREE Joshi (now deceased), was employed with appellants. On 15. 11. 1999, at about 4. 45 p. m. , Rajendra Prasad Temle, driver of the appellants, was driving jeep No. MPZ 9133. While negotiating the railway crossing, the trolley attached to the jeep got detached. Jayshree Joshi, who was going to her residence, got panicky and fell down on the road. However, she was hit by the trolley. Due to this accident, she suffered injuries on her leg, right hand, chest, mouth and other parts of the body. She was admitted in the hospital for treatment of the injuries. In this accident, she lost one of her teeth. She had to engage a servant against monthly payment to look after her. As a result of the injuries, she became permanently incapacitated and claimed compensation of Rs. 16,00,000 from the appellants.

(3.) CASE of the appellants was that the accident had not taken place due to negligence on the part of the driver of the vehicle which was not being driven at a high speed, because there were speed breakers on both sides of the railway crossing. It is admitted that Jayshree Joshi was hit by the trolley which got detached. The injuries suffered by her were simple in nature and she worked efficiently as before after treatment. The expenses incurred by her in the treatment were reimbursed by her department.