LAWS(MPH)-2011-1-5

ASHA Vs. ABBU SHAHNA ALIAS BALESHTAR

Decided On January 06, 2011
ASHA (KU.) Appellant
V/S
ABBU SHAHNA ALIAS BALESHTAR Respondents

JUDGEMENT

(1.) On behalf of the Appellant - claimant, this appeal is preferred under Section 173 of the Motor Vehicle Act, in short "The Act" being aggrieved by the award dated 31.8.1999 passed by the Ist Additional Motor Accident Claims Tribunal, Katni in MACT No. 127/93 dismissing her claim of compensation filed with respect of the injuries sustained in the vehicular accident.

(2.) The Appellant herein filed a claim petition under Section 166 of the aforesaid Act contending that in the intervening night of 13.5.1989 to 14.5.1989, the applicant alongwith others were travelling in the offending truck bearing registration No. BRD -5068 alongwith their booked luggage looking after the same. On the way of their destination said vehicle was turned turtle in which some of the passengers died while the Appellant had sustained sum injuries. She was taken to hospital where her MLC report was prepared. On registration of the crime after holding investigation the Respondent No. 1-Driver of the Vehicle was charge sheeted for the alleged offence under Section 304, 337, 338 of IPC. It is also pleaded that such accident took place because of rash and negligent driving of aforesaid truck by Respondent No. 1. With these averments stating the description of the injuries on behalf of Appellant the present claim is preferred for the compensation of Rs. 40,800/-and also for the interest on the same.

(3.) The Respondent No. 1 and 2 - Driver and registered owner of the registered vehicle proceeded exparte in the Tribunal while in the written statement of Respondent No. 3 -Insurer by denying the averments of the claim petition the prayer for dismissal of the claim petition is made.