GORLIBAI Vs. KAILASH

JUDGEMENT

(1.) THIS order shall also govern the disposal of Miscellaneous Appeal No. 1652 of 2006 as both the appeals arise out of one award dated 17. 2. 2006 passed by the First Additional M. A. C. T. , khargone in Claim Case No. 6 of 2005 whereby the claim petition filed by appellant was allowed and a sum of Rs. 3,26,300 has been awarded.

(2.) IN Miscellaneous Appeal No. 1677 of 2006 the appellant is aggrieved by the inadequacy of the amount awarded and is also aggrieved by the direction of learned tribunal whereby respondent No. 3 has been exonerated. In Miscellaneous Appeal no. 1652 of 2006 appellants are the 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 the higher side.

(3.) SHORT facts of the case are that the appellant Gorlibai filed a claim petition alleging that on 30. 1. 2004 appellant was travelling in 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 insured with respondent No. 3. It was alleged that because of rash and negligent driving of respondent no. 1 the offending jeep turned turtle, with the result appellant sustained grievous injuries in her leg, knee and on other parts of the body. Appellant was brought to District hospital, Khargone, where appellant was hospitalised from 31. 1. 2004 to 22. 9. 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.