JAVATIBEN BHUPSINHIJI Vs. NARPATSINH BHUPASINHIJI

JUDGEMENT

(1.) In the facts and circumstances of the case, particularly, in view of the fact that the appellant-claimant's petition for compensation under Section 163A was dismissed, in spite of the fact that the Tribunal had recorded the finding that the claimant had suffered paraplegia and loss of use of lower limbs, we had issued notice for final disposal on 06/07/2006. Since the notices were not received back for respondent Nos. 2 and 3, on 10/08/2006, we had permitted the appellant to serve the said respondents by Regd. Post A.D. The cause list indicates that respondent No. 2 is served. Respondent No. 3-Oriental Insurance Co. Ltd. is shown as served by Regd. Post A.D. Though Mr. Vaghela appears for respondent No. 2-owner of the Jeep involved in the accident, none appears for respondent No. 3-Oriental Insurance Co. Ltd. In the facts and circumstances of the case, we have thought it fit to take up the appeal for final disposal, as already indicated in our order dated 06/07/2006.

(2.) This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 16/02/2006 of the Motor Accident Claims Tribunal (Main) Banaskantha at Palanpur dismissing the MAC Petition No. 174 of 2000.

(3.) Appellant - Javatiben Jetabhai Mali (hereinafter referred to as "the original claimant") filed claim petition under Section 163A of the Act claiming compensation of Rs.4,61,000/-. On 18/10/1999, the original claimant was travelling in a jeep driven by respondent No.l, owned by respondent No.2 and insured by respondent No. 3-Oriental Insurance Co. Ltd., Palanpur. The jeep met with an accident and the claimant suffered serious injuries resulting into Paraplegia. The claimant is unable to move her lower limbs and she also lost control of bladder and bowel and Dr. A.A. Patel as well as Dr. Nirav Gadhavi issued disability certificates certifying that the claimant has suffered permanent total disability at 100% of the whole body.