D DEVI BHATI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed by the claimant against the award dated 3.2.92 passed by Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur in MACT Case No. 4/83. Two cases were taken up together for hearing i.e. (i) MACT Case No. 4/83 and MACT Case No. 6/83. The brief facts are as follows:

(2.) An accident took place on 5.10.82 at about 7 PM at Depots on the National Highway as a result of which it is claimed that the claimant Smti Dhankonwari Devi Bhati being a passenger of Matador Van a claimant in MACT Case No. 4/83, and the driver of the said Van Shri Arjun Singh a claimant in the MACT Case No. 6 of 1983 sustained injuries on their persons. The present claims petition was filed on 9.3.83. In the claim petition, it is stated inter-alia as follows:- Column 11, the nature of injury sustained: Grievous head injury, and an amount of Rs. 1,20,000/- was claimed as compensation out of which Rs.20,000/- was claimed for treatment and Rs. 1,00,000/- was claimed for other damages. In Column 22, any other information that may be necessary or helpful in the disposal of the claim petition, it is stated as follows: "Shri Manaram Bauri, the driver of military vehicle as referred to above, drove the vehicle in a most rash and negligent manner. He appeared to be under the influenced of Liquor. He dashed his said vehicle against vehicle No. ASD 8685 belonging to M/s. Rajendra Trading Company of Main Road, Tezpur. The injured applicant, who is the wife of one of the partners of M/s Rajendra Trading Co. as before stated was in occupation of the said vehicle No. ASU 8683. The vehicle of the aforesaid firm was heavily damaged and the injured applicant and the driver of the said vehicle were severely injured. The injured applicant had to be rushed to Calcutta where she was kept under treatment for a prolonged period to save her life. The driver of the Military vehicle at the relevant time was the employee of MES, Gharduar."

(3.) The written statement was filed on behalf of the Union of India denying the entitlement of the claimant to receive the compensation as claimed. On the pleading the following issues were 'framed by the learnec I Tribunal. 1. Whether there is any cause of action in this petition. 2. Whether the accident took place for negligence and rash driving of the driver of the vehicle. 3. Whether the claim is barred. 4. Whether the claimant is entitled to relief. 5. Whether the defence vehicle was taken on duty or not. 6. Whether any other relief/reliefs are the parties entitled to.