KAMLA PATEL Vs. FIROZ KHAN

JUDGEMENT

(1.) This appeal is directed against the award passed by the Motor Accidents Claims Tribunal, Mandla in the Claim Case No. 35 of 1999, dated 12.12.2000.

(2.) On 29.5.98 at about 7 p.m., Vandana (11) was travelling by bus No. MP 20-E 9631, owned by Rakhi Jaiswal, driven by one Firoz Khan and insured with Oriental Insurance Co. Ltd. Bus was being driven rashly and negligently by its driver, as a result of which it hit stationary truck parked on left side of the road. As a result of this accident, head of the deceased was crushed when the bus crossed by the side of the truck. She died instantaneous death, since head was severed from the body. Ultimately, compensation of Rs. 3,30,000 is claimed with interest at the rate of 18 per cent per annum.

(3.) The owner and the driver of the bus submit that the accident took place due to negligence of the deceased, therefore, they are not responsible for this accident. The bus was being driven slowly and was under control. It was insured with Oriental Insur- ance Co. Ltd., therefore, they are not liable to pay compensation.