RADHA DEVI Vs. ALUMAL GYANCHAND OF SHAHPURA

JUDGEMENT

(1.) These two appeals against rejection of claims by the Motor Accident Claims Tribunal, Bhilwara arise out of the same accident. It is convenient to dispose them of together, as 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 686. The bus was plying from Vijainagar to Shahpura viz Devalia Arwar and both the claimants 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 potholes in the road and over the soiling of the road pebbles 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 claimants sustained injuries. Fourth teeth and three molars of Radha Devi fall and some teeth of Mohandas also fell. Both of them sustained the following injuries:

(3.) Smt. Radha Devi claimed Rs. 300/- by way of special damages and Rs. 10,000/- as general damages and Mohandass claimed Rs. 15/- as special damages and Rs. 5,000/- as general damages. The claims were filed against the owners of the bus and the Insurance Company.