MOHD RAMJAN Vs. SHARIFANBAI

JUDGEMENT

(1.) This order shall also dispose of Misc. Appeal no. 40 of 1979 (Banwarilal v. Smt. Sharifanbai and others) and Misc. Appeal no 140 of 1979 Smt. Sharifanbai v. Banwartlal and another.

(2.) These appeals are directed against the award dated 31-1-1979 passed by the 1st Additional Motor Accidents Claims Tribunal, Indore in claim case no. 113 of 1975.

(3.) The facts giving rise to these appeals briefly stated are as follows : On 17-31975 at about 3-30 p.m. Mohd. Ramzan was riding Vespa Scooter no. MPI 7374 in Loharpatti, MalharganJ. Indore. The claimant Sharifanbai was going on the left side of the road for grinding wheat. Mohammad Ramzan came on the said scooter from the opposite side and dashed against her. She fell down and sustained injuries on her left arm left leg head and back. According to the claimant the accident was caused by the rashness and negligence of Mohammad Ramzan in driving the said scooter. On the date of accident Bamvarilal was the registered owner of the said scooter no. MPI 7374. The claimant therefore submitted an application under Section 110-A of the Motor Vehicles Act claiming Rs. 25,000/- as compensation from Mohammad Ramzan, Banwarilal and the Oriental Fire and General Insurance Co. Ltd., on the ground that the accident was caused on account of the rashness and negligence of Mohammad Ramzan in driving the scooter, and that as Banwarilal was the registered owner of the said Vespa scooter and it was insured with the Oriental Fire and General Insurance Co. Ltd. they were also liable to pay compensation to her.