SARDAR MANMOHAN SINGH Vs. SAHADI

JUDGEMENT

(1.) THIS Misc. Appeal, preferred under Section 110(D) of the Motor Vehicles Act (for short the Act), is directed against the award dated 2.1.1984 delivered by the Member, Motor Accidents Claims Tribunal, West Nimar, Mandleshwar in Claim Case No. 49/80.

(2.) THE factual matrix in brief is that the claimant Sahadi (Respondent No. 1) is a Adiwasi woman. The owner and driver of the vehicle were ex-parte before the Tribunal. The vehicle bearing Registration No. MPM-3961 was insured with the Appellant No. 2, the National Insurance Co. Ltd., Indore. On 5.3.1980, the claimant was proceeding in a bullock cart Between Sendhwa and Sirpur on Bombay-Agra Road the aforesaid truck came from opposite direction and dashed against the bullock cart; as a result of which the claimant suffered injuries. The claimant presented the claim petition for compensation of Rs. 30,000/- together with interest. The liability was denied by the National Insurance Co. On evaluation of the evidence the Tribunal awarded the compensation as under:

(3.) SHRI Dandwate, strenuously urged the following contentions in support of this appeal: