SURAJ NARAIN Vs. SNEH LATA JAIN
HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
Sneh Lata Jain
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G.M.LODHA, J. -
(1.)THESE two appeals have been filed against the award of the Accidents Claims Tribunal. Jaipur in accident claim case No. 11 of 1977. The accident took place on 16th September, 1972. Miss Sneh Lata was travelling in bus No. RRL 8548 and was coming to Jaipur from Veer Hanuman Samod village. The bus No. RRL 8548 was being driven by Suraj Narain driver. In the south of Chemu village at a distance of 1 mile, another bus No. RRL 3804 which was being driven by Tara Chand driver, collided with the bus No. RRL 8548. The bus No. RRL 8548 after the accident struck a telephone pole. Sneh Lata who was travelling in bus No, 8548 was injured and her right hand was completely cut and she fell down on the ground.
(2.)A claim of Rs. Rs. 1,31,000/- was made by Sneh Lata. Bus Nos. RRL 8548 and RRL 3804, both, are insured with M/s. Anand Insurance Co. Jaipur, a unit of M/s. New India Assurance Co. separately.
The Tribunal after recording the evidence, came to the conclusion that Sneh Lata's right band was cut in this accident and at the time of the accident, Sneh Lata's hand was outside but on account of the impact of the accident it was struck and cut. The Tribunal came to the conclusion that the driver of bus No. 8548 was driving the bus rashly and negligently and Sneh Lata was not asked to keep her hand inside, if it was outside, or, her hand was projecting outside the window.
(3.)AFTER holding the driver of bus No. 8548 responsible and liable due to the negligence and rashness the Tribunal then considered the case of bus No. RRL 3804. The Tribunal came to the conclusion that both the buses dashed against each other from the sides as they passed closely in the middle of the road. The Tribunal then observed that although Sneh Lata had not alleged any negligence of the bus driver (No. RRL 3804) but, from the defence it is established that the two buses dashed from the sides by crossing each other and, in that process, the hand was cut.
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