MADHURI DEVI Vs. MAMTA GULATI

JUDGEMENT

(1.) This appeal has been filed by the claimant under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 06.11.2006 passed by A.D.J., Court No.1, Lucknow in Claim Petition No.40/2004 (Smt. Madhuri Devi vs. Smt. Mamta Gulati), whereby the claim petition of the appellant has been dismissed.

(2.) The Court has heard Shri R.P. Tripathi, learned counsel for the appellant and Shri Ashok Mehrotra, who has appeared on behalf of the respondent No.2. None appeared on behalf of the respondent No.1, consequently, the appeal has been heard exparte against her.

(3.) The primary contention of the learned counsel for the appellant is that the Tribunal has erred in dismissing the claim petition on the ground that merely because an FIR of the accident concerned was not lodged, this fact prevailed in the mind of the Tribunal and on the aforesaid ground, the claim petition has been dismissed.