MAYABAI Vs. BHURU SHAH

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the claimant against the award dated 12.2.1999 passed in Claim Case No. 108/99 by learned Second Additional Member, Motor Accident Claims ' Tribunal, Dhar.

(2.) ON 22.2.1998 at about 9.30 a.m. Mayabai was going with the cattle carried for grazing. While she was moving with the cattle, a jeep bearing registration No. CPZ-3703, owned by respondent No. 2 and driven rashly and negligently by respondent No. 1 came from the direction of Amjhera and dashed against her. Due to the impact appellant sustained severe injuries on her right leg, face, waist, head and other parts of the body. She sustained severe fracture on her right leg. She was taken immediately to the hospital. Due to injuries sustained in the accident, she suffered permanent disablement, despite the expensive treatment given to her.

(3.) THE learned Counsel for respondents has submitted that the accident had not been caused due to any negligence on the part of respondent No. 2, therefore, respondents are not liable for payment of any compensation to the appellant. It has been contended by the learned Counsel for the respondents that appellant collided with the cattle and fell down and sustained injuries. She did not sustain any injury from the jeep.