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1988 DIGILAW 531 (ALL)

KASHI NATH v. BHAGIRATHI DEVI

1988-05-13

N.N.MITHAL

body1988
JUDGMENT : N.N. Mithal, J.—The owner of the vehicle has filed this appeal u/s 110-D of the Motor Vehicles Act against the award of the Claims Tribunal. 2. The claimant met with an accident involving jeep bearing No. UPN 769 owned by the Appellant on 7.9.1977 on the Almora-Chitai road near the district Almora. As a result of the accident, left leg of the claimant was fractured besides several other injuries. A claim for Rs. 15,000/ - was raised in the petition which was resisted by the Appellant, inter alia, on the ground that no such accident had taken place involving the jeep in question; that the claimant had suddenly crossed the road from right to the left when the vehicle was very close to her and thus she was guilty of contributory negligence; that the vehicle was not being driven either rashly or negligently at the relevant time; and the claimant was not entitled to any compensation. 3. After framing necessary issues the Motor Accidents Claims Tribunal came to the conclusion that the accident was caused due to rash and negligent driving and that the vehicle was not insured on the date of accident and, as such, the insurance company was not liable to reimburse the compensation awarded. On the question of quantum of compensation the Tribunal awarded a sum of Rs. 7,050/ - along with 9 per cent per annum interest to the claimant. 4. In appeal the learned Counsel for the Appellant has mainly attacked the amount of compensation awarded by the Tribunal and has also contended that the claimant herself being guilty of contributory negligence she was not entitled to any compensation at all. 5. It will suffice to say here that the Appellant has taken contradictory plea in his written statement. While in para 10 it is alleged that the vehicle was not at all involved in the accident yet in para 9 it is alleged that the accident was caused as the claimant suddenly rushed from right to the left of the road and in the process she hit against the rear portion of the vehicle. In the statement, however, DW 1 stated that the claimant suddenly appeared in front of the vehicle and not behind the vehicle. In the statement, however, DW 1 stated that the claimant suddenly appeared in front of the vehicle and not behind the vehicle. It was in view of these glaring contradictions that the Tribunal came to the conclusion that the version of the claimant was more reliable, I find it difficult to disagree with the findings recorded by the Tribunal. The claimant cannot be said to be guilty of having contributed towards negligence by any negligent act of her own. It must, therefore, be found that the accident was caused due to negligent driving by the driver of the jeep. 6. On the question of amount of compensation awarded the Tribunal has recorded a finding that the claimant was earning about Rs. 150/ - p.m. from her agriculture and her monthly income has been assessed as such. After deducting one-third of this amount towards her personal expenses the compensation has been assessed on a sum of Rs. 100/ - p.m. and capitalising it for six years, compensation was determined at Rs. 7,200/ -. Although the method of determining the amount of compensation is not proper in this case because it was not a case of fatal accident yet the evidence before the Tribunal is sufficient to hold that the amount of compensation determined was fair and proper. Admittedly the claimant was bed-ridden due to injuries and even thereafter the recovery must have been very slow. Keeping in view that she was a lady of about 56 years of age naturally she must have been deprived from attending to her normal daily work for quite some time. She must have also spent agonizing and painful days and on that account also she was entitled to compensation. Keeping in view all these factors in mind the compensation awarded does not appear to be excessive or unreasonable. In view of this I do not find any reason to disagree with the amount of compensation determined by the Tribunal. 7. The appeal has no merit and is accordingly dismissed. However, the parties are left to bear their own costs.