LAWS(ALL)-2012-7-310

NIGHAT JAHAN Vs. SALEEM AHMAD

Decided On July 17, 2012
Nighat Jahan Appellant
V/S
Saleem Ahmad Respondents

JUDGEMENT

(1.) This first appeal arises from the award dated 19.03.2012 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, Muzaffar Nagar in Motor Accident Claim Petition No. 156 of 2010.

(2.) The present appeal has been filed by Smt. Nighat Jahan w/o Late Mohd. Khalid, who was claimant-appellant in the Motor Accident Claim Petition. She has sought a relief for enhancement of the compensation by modification of the award in toto and granting compensation as claimed in the aforesaid claim petition no. 156 of 2010, Nighat Jahan and others vs. Salim Ahmad and others.

(3.) According to the appellant the factum of accident was fully proved by the claimant by producing cogent reason and since there was no evidence in rebuttal by any of the opposite parties, the view taken by the Tribunal by deciding the dispute is contrary to the evidence and material on record. It is stated that involvement of the vehicle as well as factum of accident was admitted by opposite parties.