Judgment ( 1. ) THIS appeal is directed against the award of the Motor Accident Claims Tribunal, Seoni, dated January 15, 1998, in Claim Case No. 23/96. ( 2. ) ON 28-11-1994 at about 6 p. m. , the claimant was going from Seoni to Tirodi with her son Dinesh, therefore, was standing on the road side. Akram Ali Khan came driving bus No. MPD 9674, rashly and negligently and crushed right leg of the claimant, resulting in permanent disability. She was taken to hospital at Seoni then to Nagpur Medical College where she remained indoor patient for 26 days. The claimant was doing stitching and knitting work earning Rs. 3,000/- per month. By this accident, she has suffered physically, mentally and financially, therefore, claimed Rs. 2,95,000/ -. ( 3. ) OWNER and driver of the offending vehicle have denied the taking place of accident and causing of injuries to the claimant in the leg, in the written statement filed by them. Therefore, they submit that the claim be dismissed. ( 4. ) UNITED India Insurance Company Ltd. , with which the offending vehicle was insured, has stated that there has been violation of conditions of the insurance policy, therefore, the claimant is not entitled to compensation. ( 5. ) THE claim has been rejected on the ground that the driver was not responsible for the accident. The claimant may have tried to get into moving bus resulting in the accident and injuries to her. The allegation of Insurance Company that the driver did not possess valid driving licence, has not been proved. ( 6. ) THROUGH this appeal, award is challenged particularly on issue No. 1 and claim for just compensation. After going through the evidence, it is absolutely clear that the driver was driving the bus rashly and negligently. That is why, it did not stop at the bus stop, but some spaces beyond it. This means, he was driving it at a high speed otherwise the bus could be stopped at the bus stand without any difficulty. He was driving it rashly and negligently also, since knowing fully well that he was to take passengers from the bus stop where they were standing, he ought to have been careful to drive it at dead slow speed before approaching the exact place of haulting it at the bus stop. He was driving it rashly and negligently also, since knowing fully well that he was to take passengers from the bus stop where they were standing, he ought to have been careful to drive it at dead slow speed before approaching the exact place of haulting it at the bus stop. The allegation of driver that passengers may have got into the moving bus, is not there in evidence. Therefore, negligence on the part of the driver is established and finding of the Claims Tribunal to the contrary is set aside. ( 7. ) HAVING come to the aforesaid conclusion, we turn to determine the compensation in this case. According to Ex. P-l, the right leg of the claimant was crushed, therefore, she had to be treated at Nagpur Medical College for 26 days. This disability has been fixed at 35%. During the treatment, the claimant must have suffered great pain. She must have gone on occasions from Village Tirodi to Nagpur and looked after by an attendant. Expenses must have been incurred on treatment and special diet. She could not do stitching and knitting work at least for a month. She cannot use her leg as before. Medical bills placed on record are of Rs. 2,760. 80 paise, though Shri Dinesh Kaushal, learned Counsel appearing for the appellant, submits that claimant spent more than this and required medical treatment thereafter also. ( 8. ) IN the circumstances aforesaid, the appeal is allowed. The award of the Claims Tribunal is set aside. Just and proper compensation in this case is determined as under :-- (1) Permanent disability Rs. 50,000. 00 (2) Pain and Suffering Rs. 15,000. 00 (3) Attendant Rs. 5,000. 00 (4) Transport Rs. 5,000. 00 (5) Special Diet Rs. 5,000. 00 (6) Loss of Income for one Rs. 3,000. 00 month (7) Medical expenses Rs. 5,000. 00 Total Rs. 88,000. 00 Respondent Nos. 1 and 2 are jointly and severally liable to pay Rs. 88,000/- (Rs. Eighty eight thousand only) to the claimant. The claimant shall be entitled to interest at the rate of 12% from the date of application, i. e. , 6-7-1996 to 15-1-1998, and thereafter, at the rate of 9% till payment. ( 9. ) SINCE the vehicle was insured with the United India Insurance Company Ltd. , the Company will pay the compensation to the claimant within two months. Costs on parties.