LEELA SHELLY Vs. BHADRIK R. SHAH

JUDGEMENT

(1.) THIS misc. appeal for enhancement has been filed by the claimant appellant under Sec. 173 of the Motor Vehicles Act (for short hereinafter called; "the Act") against the award dt. 29.05.2004 passed by the learned Addl. Dist. Judge (F.T. No. 4) M.A.C.T. Cases, Jodhpur in Claim Case No. 605/2004. Briefly stated the facts of the case as set up in the claim petition are that the claimant was travelling from Jodhpur to Udaipur on 30.09.2000 in a Car bearing Registration No. DL 1 CH 0612 owned by a firm name Services international, the non -claimant No. 4, the driver thereof was Ramniwas non -claimant No. 5 and it was insured with Oriental Insurance Co. Ltd. non claimant No. 6. At around 11.30 in the night a Tata Sumo vehicle bearing Registration No. GJ -1 -9711 owned by the non -claimant No. 1 Bhadrik R. Shah, driven by Shanker non claimant No. 2 and insured by the National Insurance Co. non claimant No. 3 collided with the Car in which the appellant was travelling. As a result of the collision, the appellant received severe injuries.

(2.) A claim application under Secs. 140 and 166 of the Motor Vehicles Act was filed by the appellant claimant against the owners, the drivers and the Insurance Companies of the two vehicles involved in the accident claiming total compensation of Rs. 99,31,400/ - for the injuries received and permanent disability suffered by her in the accident.

(3.) THE learned Tribunal held that the drivers of both the vehicles involved in the accident contributed equally in causing the accident by driving their respective vehicles rashly and negligently. The defence raised by both the Insurance Companies were discarded. The appellant claimant was held entitled to compensation of Rs. 7 lacs to be shared jointly and severally amongst the owners, drivers and the insurers of the both the vehicles involved in the accident.