KANTA BAI Vs. BALI SINGH

JUDGEMENT

(1.) Both these appeals are arising out of the award dated 18-11-2009 passed by the 3rd Additional Member, Motor Accident Claims Tribunal, Indore in Claim Case No. 06/2009 whereby in a case of amputation below the knee accepting the disability to the extent of 60% compensation to the tune of Rs. 4,11,600/- has been awarded. M.A. No. 880/2010 has been filed by the claimant assailing the inadequacy of the compensation and also raising the issue of liability fastened against the owner and driver. M.A. No. 238/2010 has been filed by the owner and driver challenging the issue of liability and exoneration of the insurance company by the tribunal, however, both these appeals are being decided by the common order.

(2.) Facts of the case in brief are that on 25-9-2008 when the claimant was coming after performing her duties as a pedestrian and reached in front of Rajani Bhawan near High Court, M.G. Road, Indore driver driving bus bearing No. MKI 1810 rashly and negligently dashed her whereby she received crush injury in her left leg. After having treatment her left leg below the knee was amputated. The claimant was 35 years aged lady performing the house-hold labour work with different persons and earning Rs. 5,000/- per month. On account of receiving injury she has become permanent disabled, therefore, compensation to the tune of Rs. 15,00,000/- by filing an application under section 166 of the Motor Vehicles Act, 1988 (for brevity, hereinafter referred to as 'the Act') was claimed.

(3.) Insurance company as well as owner and driver have resisted the claim on various grounds. Insurance company in its return raised objection that the vehicle was being driven in violation of the terms and conditions of the policy and the driver was not possessing valid driving licence, therefore, insurance company is not liable to pay the amount of compensation.