GORLIBAI Vs. KAILASH

JUDGEMENT

(1.) THIS order shall also govern the disposal of miscellaneous application No. 1652 of 2006 as both the appeals are arising out of one award dated 17th February, 2006 passed by 1st additional M. A. C. T. , Khargone, in Claim case No. 6/05, whereby the claim petition filed by the appellant was allowed, and a sum of Rs. 3,26,300/- has been awarded.

(2.) IN miscellaneous application No. 1677/ 06 appellant is aggrieved by the inadequacy of the amount award and is also aggrieved by the direction of learned Tribunal whereby respondent No. 3 has been exonerated. In miscellaneous application No. 1652/06 appellants are respondent Nos. 1 and 2. The grievance of respondent Nos. 1 and 2 is also that the respondent No. 3 has wrongly been exonerated and the amount awarded is on higher side.

(3.) SHORT facts of the case are that the appellant Gorlibai filed a claim petition alleging that on 30th January, 2004 appellant was travelling in a Commander jeep at about 3:45 p. m. , which was being driven by respondent no. 1 rashly and negligently, owned by respondent No. 2 and insu red with respondent no. 3. It was alleged that because of rash and negligent driving of respondent No. 1 the offending Jeep was turtle down, with the result appellant sustained grievous injuries in her leg, knee and on other parts of the body. Appellant was brought to District Hopsital, khargone, where appellant was hospitalized from 31st January, 2004 to 22nd September, 2004. It was alleged that since the accident occurred because of rash and negligent driving of respondent No. 1, therefore, claim petition be allowed and compensation be awarded.