DEAN AGRICULTURAL COLLEGE Vs. KIRAN

JUDGEMENT

(1.) THIS appeal is directed against an award of the Motor Accidents Claims Tribunal, Indore, ordering a compensation of Rs. 40,000/ - and interest at 12 per cent from the date of application in respect of a case of permanent disability due to fracture of femur of the right leg in a motor accident.

(2.) IT is not in dispute that on 28.6.1979 at 7.00 p.m. the respondent -claimant Kiran, aged about 22 years, was standing by the side of the road awaiting a rickshaw when tractor bearing registration No. CPE 7878 owned by the appellant and driven by his servant hit Kiran and her sister Sunita.

(3.) THE question of negligence on the part of the driver, who was a servant of the owner (appellant), is not disputed and indeed could not be disputed for reasons more than one. Firstly, the evidence adduced in the case left no doubt that the driver was negligent in as much as he lost control of the vehicle which left the road and hit the two girls standing by the side of the road near a telephone pole. Secondly, the question has become irretrievable on account of the fact that the owner and driver have not filed appeal against this finding in the case of Sunita.