UMA SHARAN Vs. KASHI NATH

JUDGEMENT

(1.) Through this appeal, award of Motor Accidents Claims Tribunal, Indore in Claim Case No. 295 of 1999 dated 17.12.99 has been challenged.

(2.) Uma Sharan was travelling along with her family in Matador No. MP 09-S 0339 from Shirdi to Indore on 15.10.1996 at 8 p.m. Matador was being driven by its driver on the proper side of the road but the truck No. MH 16-B 4322 driven by its driver rashly and negligently hit Matador. The allegation is that the accident took place because of negligence of the vehicles involved in the accident. The claimant suffered fractures on various parts of the body in the accident. She was treated by Dr. Rajat Verma, Union Hospital, Dhar Road, Indore and Dr. Gyani, Shirdi Hospital. Apart from stay in Shirdi Hospital for one day, she remained in Union Hospital from 17.10.1996 to 7.11.1996 thereafter from 25.11.1996 to 27.11.1996 and spent Rs. 40,000 on treatment. However, there is permanent disability in right hand and right foot. Compensation of Rs. 4,36,750 is claimed.

(3.) Opposite parties have denied the allegations with respect to age, income, injuries, expenditure on treatment and the period of stay of the claimant in various hospitals. The said truck was being driven carefully at low speed on the left side of the road while the other vehicle was being driven rashly and negligently. Substance of the replies by respondents is that they are not responsible for the accident and attempt is to throw the liability on each other or the vehicle in which the claimant was travelling.