PRITI Vs. AMAR SINGH

JUDGEMENT

(1.) By the impugned award dtd. 21/4/2007 made in Claim Case No. 100/2007, the learned Motor Accident Claims Tribunal, Jaipur City, awarded Rs.76,000.00 along with interest of 6% against claim of Rs.25,99,800.00 made by claimant-Priti for the permanent disablement of 26.24% sustained by her, while she was travelling in a Jeep.

(2.) The accident took place on 31/5/2006 when the claimant and others were travelling on a private Jeep bearing registration No. RJ-14C-7192 and unknown rash and negligent Truck hit the Jeep from behind, as a result whereof the people in the Jeep sustained injuries. For the accident aforesaid, Dudu Police Station case No. 55/2006 was registered and after investigation, the Police submitted charge-sheet against the owner of the unknown Truck. The Jeep in question was insured with appellant-National Insurance Co. Ltd. vide copy of insurance at Ex.4.

(3.) The certificate issued by the Medical Board in respect of nature of disablement of the claimant is Ex.6. The claimant was examined as AW/1. She deposed that along with her other relatives she had got seated in the Jeep. When the Jeep reached near K.G. Mod, two more passengers got seated in the Jeep. The Jeep was of a relative of the claimant, hence, she had not paid any fare. She has specifically stated that due to darkness, she could not see the Truck, which had dashed the Jeep from behind. She disclosed her age as 22 years on the date of accident. She has stated that she was earning Rs.3,300.00 per month by stitching/sewing cloths and other manual work. The witness was not confronted on her claim of income.