STATE OF MADHYA PRADESH Vs. LATHA KUMARAN

JUDGEMENT

(1.) Through this appeal, award of Motor Accidents Claims Tribunal, Bhopal, dated 25.10.1994, passed in Claim Case No. 103 of 1993, has been challenged.

(2.) Shortly stated, Latha Kumaran (the claimant) was a nurse in Bharat Heavy Electricals Ltd. (BHEL) Hospital, Bhopal. On 12.6.1991 she was being taken to hospital by ambulance No. MKC 299 at 11.30 p.m. by Vedpal Bhasin (driver). The ambulance was going on the main road from Sector A to Sector B. When it reached at intersection near Piplani Police Station, the vehicle No. MPP 3655 of Police Department came from side road resulting in collision of both the vehicles. As a result of this accident, the front portion of ambulance and the side portion between front and rear wheels of the police vehicle were damaged. The claimant suffered injuries to her spinal cord and became paralytic.

(3.) The claimant filed a claim petition for compensation of Rs. 7,40,000 alleging, inter alia, that both the drivers were liable for the accident. The accident occurred due to rash and negligent driving of both the vehicles. The claimant suffered spinal cord dislocation of C-6 and C-7 (cervical bones). Initially, she was treated at Kasturba Hospital at Bhopal. Thereafter, she was taken to Bombay Hospital, where she remained for a year from 13.6.1991. She was receiving salary of Rs. 2,470 per month. She was 23 years old and in course of time, she had prospects of earning promotions as nurse grade-I, senior sister and earn higher emoluments. Because of this accident, she became totally disabled because of quadriplegia. Her lower limbs had become totally flaccid.