KUMARI ROSY ALIAS RAJEE Vs. GULSHAN BHATIA

JUDGEMENT

(1.) THE appellant has challenged the award of the learned tribunal whereby the claim petition was dismissed.

(2.) THE accident dated 4th January, 1997 resulted in injuries to the appellant. The appellant was 9 years old at the time of the accident when she was hit by offending car and she suffered fracture in left foot in respect of which she filed the claim petition before the learned Tribunal. The learned tribunal dismissed the claim petition on the ground that the fap. No. 857/2003 Page 1 of 9 appellant received only minor injuries and the claim petition has been filed on the false averments.

(3.) THE learned counsel for the appellant submits that the appellant examined four witnesses before the learned tribunal. PW-1 is the record clerk from Hindu Rao Hospital who proved the medical record Ex. PW1/1 to Ex. PW1/6. The learned counsel for the appellant refers to the discharge summary dated 9th January, 1997 where the patient's name has been clearly mentioned as Rajee, 9 years/female MRD no. 359 admitted as a case of # (fracture) phalanges III, IV, V (R) foot c (with) CLW with swelling, stitching of wound done and B/k (below knee), POP Slab (R) applied and dressing of wound done on 4th January, 1997 and patient was discharged on 9th January, 1997. The learned counsel for the appellant further submits that the eye-witness Raju was examined as pw-2 who proved the accident in question. The mother of the appellant appeared as PW-3 and proved the original prescription slips - Ex. P1 to Ex. P17. The copies of the challan, site plan, MLC, MER and driving licence were proved as Ex. P12 to P16. The doctor treating the appellant was examined as PW-4 and he proved the prescriptions P-2 to P-17 and Ex. PW4/1 to Ex. PW4/11.