BABULAL Vs. DAYABHAI AND COMPANY

JUDGEMENT

(1.) THIS appeal has been filed by the legal representatives of the deceased Gangabai under Section 110D of the Motor Vehicles Act against an award dated 27 -11 -1972 passed in Claim Case No. 3 of 1969, whereby the Member, Motor Accidents Claims Tribunal, West Nimar, Mandleshwar has awarded a compensation of Rs. 4,620/ -, costs and interest at six per cent per annum from the date of award till realisation, though compensation claimed was Rs. 67,000/ -.

(2.) BRIEFLY stated the facts material and relevant for the decision of this case are that the deceased Gangabai met with an accident on 15 -5 -1969 near Jhanda Chowk, Barwani at 3.30 p.m. when she was run over by the passenger bus No. M.P.F. 8395, which belonged to Respondent No. 7. It is alleged that the bus was driven by either Manubhai or resondent No. 8 Mohansingh. According to the Appellants while the deceased Gangabai was passing through Jhanda Chowk towards vegetable market from east to west, she was knocked down by the bus No. M.P.F. 8395, when she had hardly crossed about 7 feet of the road, which had width about 10 feet. It was alleged that the bus came with an excessive speed driven in rash and negligent manner without blowing any horn with result that the deceased Gangabai dashed against the front portion of the bus due to which she received injuries as a result of which she died instantaneously.

(3.) THE Respondents in their written statement denied the claimant's allegations and attributed the blame to the negligence of the deceased herself and thus denied their liability.