RAMLAVAL ALIAS RAM LAKHAN Vs. SIMIYA BAI

JUDGEMENT

(1.) THIS Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'act' for short) is directed against the award dated 26-4-2000 in Motor Vehicle Case No. 914/99 by Additional Motor Accidents Claims Tribunal, Katni, awarding Rs. 25,000/- as compensation under Section 166 of the Act, in favour of claimant/respondent No. 1.

(2.) UNDISPUTABLY, on 6-5-1995 the claimant/respondent No. 1 was travelling by Tempo No. M. P. 20-B/1737. The said Tempo was dashed against from behind by Matador bearing registration No. M. P. 21/6816, resulting in injury to claimant/respondent No. 1 Smt. Simiya Bai.

(3.) THE claimant/respondent No. 1 filed application under Section 166 of the Act, alleging that the accident occurred on account of rash and negligent driving of offending Matador by its driver/appellant No. 1. It was alleged that the said Matador was owned by appellant No. 2 and was insured by respondent No. 2. The claimant/respondent No. 1 averred that she suffered permanent disability due to injuries suffered by her in the accident. Compensation of Rs. 2,45,000/- was claimed.