KUNJLATABEN MANIBHAI PARMAR Vs. SURENDRABHAI KANTIBHAI MALI

JUDGEMENT

(1.) THIS appeal has been filed by the original claimant being aggrieved and dissatisfied with the judgment and award dated 26 -4 -2007 passed by the Motor Accidents Claims Tribunal(Aux.), Presiding Officer, FTC No.12, in MACP No. 804 of 1997 whereby the claim petition has been dismissed against all opponents including ST Corporation -original respondent No.3.

(2.) FACTS in short are that claim petition has been filed by the claimant claiming Rs.1,00,000/ - as compensation for injuries suffered by the claimant in an accident which occurred 14 -4 -1997. It is contended that the claimant along with her two children were travelling in bus No.GJ - 1 -Z -1047 and when the bus was stopped near Raneshwar temple, the applicant was trying to get down from the bus, however, the bus suddenly started due to application of bell by the Conductor and consequently, the claimant fell down from the bus causing injuries to the claimant. After hearing the learned advocates for the parties and considering the oral as well as documentary evidence on record, the claim petition was dismissed against which, the present appeal has been filed by the claimant.

(3.) IT is submitted by Mr.Parikh that though ample evidence was produced by the claimant to prove involvement of the vehicle, the Tribunal has not discussed the same and came to the conclusion on conjectures and surmises that the claimant has failed to prove that ST bus is involved in the accident. It is also submitted that under the head of pain, shock and suffering, the Tribunal has awarded Rs.4,000/ - only though the claimant received injuries of fracture and suffered disability.