GARLI BAI Vs. KANTILAL

JUDGEMENT

(1.) THIS is an appeal for enhancement of compensation filed by Garlibai, an illiterate, rustic woman aged about 35 years against the award dated 27,4.1998 passed by Addl. Motor Vehicles Claims Tribunal, Sendhwa West Nimad (Distt. Badwani) in Claim Case No. 16/1995.

(2.) HER case was that on 2.12.1994 she was sitting at the bus stand along with her daughter and son-in-law waiting for bus. At that juncture truck bearing registration No. MP 09-D/4737 driven by the respondent No. 2 Shyam rashly and negligently dashed her while sitting posture, resulting into fracture on her. pelvic bone. She lodged the report at Police Station Pansemal. The police registered the offence under Sections 337 and 297 of I.P.C. and filed charge sheet against the truck driver respondent No. 2 Shyam. The said truck was insured with New India Insurance Company Ltd. respondent No. 3. She claimed in total Rs. 1,00,000/ - (one lakh) as compensation. Respondents before the Claims Tribunal denied the claim of the appellant.

(3.) COUNSEL for the appellant submitted that the finding arrived at by the Claims Tribunal that appellant had failed to prove rash and negligent driving by the driver is contrary to the pleading, evidence and documents available on record. The Claims Tribunal has not considered the documents Ex. P/1 to Ex. P/5 which are showing registration of the criminal case for rash and negligent driving, causing injuries to the appellant. These documents have been exhibited in the statement of P.W. 1, therefore, looking to the illiteracy of the appellant-woman, Claims Tribunal should not only have felled upon her statement or statement of her witnesses but should have also considered FIR, MLC report, Map, Seizure etc. vide Ex. P/1 to Ex. P/5 and should have awarded reasonable compensation for disability sustained by the appellant.