BASANTIBAI Vs. KAILASHDAS

JUDGEMENT

(1.) This appeal is under section 173 of Motor Vehicles Act, 1988 against the award dated 31.8.1995 passed by M.A.C.T., Jaora (Ratlam) in M.V. Case No. 98 of 1994, whereby the claim of the appellant for injuries sustained by her in a motor accident has been rejected.

(2.) The appellant, aged about 35 years was travelling in a bus between Badnagar and Kalukheda. While travelling so in the said bus, she felt the sensation of vomiting and thus peeped out for vomiting. In the meanwhile a truck being driven by respondent No. 1, owned by respondent No.2 and insured with respondent No. 3, came head of claimant. She sustained fracture of the occipital bone and injuries on other parts of the head.

(3.) The appellant-claimant preferred a claim petition. The same has been rejected on the ground that the driver of the bus should have been more careful while crossing the other vehicle coming from opposite direction, the claimant was partly responsible for the said accident and the insurance of the truck was not proved.