RADHA DEVI Vs. AALUMAL GYANCHAND

JUDGEMENT

(1.) THESE two appeals against rejuction of claims by the Motor Accident Claims Tribunal, Bhilwara, arise out of the some accident. It is convenient to dispose them of together, so they are being disposed of by this common judgment.

(2.) THE facts of the two cases lie in narrow compass. Smt. Radha Devi in claim case No. 10 of 1969 and Shri Mohandass a minor, in claim case No. 11 of 1969 were travelling in bus No. RJE 685. THE bus was plying from Vijainagar to Shahpura via Devalia Arwar and both the claiments were going to Shahpura. Though the road was a metalled road, but at a distance of about 5 miles from Shahpura, the road was not good. THEre were pot-holes in the road and over the soiling of the road pabbles were only pressed THE condition of the road was not such on which the vehicle could be driven fast, still the driver of the bus Chandra Singh drove the bus with great speed and rashly so much so that the bus went out of control and the bus went off the road on the left side. It crossed a deep pit and also a mount and thereafter it stopped. As a result of sudden fall in the pit and jerks and jolts, the claiments sustained injuries. Four teeth and three molars of Radha Devi fell and some teeth of Mohandass also fell. Both of them sustained the following injuries: - INJURIES OF SMT. RADHA DEVI: (1) Fractures-cum-dislocation of the right lower inciser tooth. (2) Fracture-cum-dislocation of the left loweri inciser tooth. (3) Fracture-cum-dislocation of the last lower pre-moler tooth. (4) Contusion l-1/2"x l" on the right side of the chin. (5) Contusion 1" x 1/2" on the left side of the chin. (6) Adrasion-cum-contusion 3-1/2" x 2" on the enterior side upper part of the right leg. (7) Contusion 2"x 1" on the enterior side mid part of the left leg. (8) Abrasion-cum-contusion on the sole of the left foot. INJURIES OF MOHANDASS: (1) Fracture-cum-dislocation of the upper right inciser tooth. (2) Fracture-cum-dislocation of the upper right canine tooth. (3) Contusion 1-1/2" x l" on the left side of the forehead.

(3.) I have beard Shri N. P. Gupta, learned counsel for the applicants and Shri M. M. Singhvi, learned counsel for the respondents.