SWATI WIFE Vs. INDRAKUMAR

JUDGEMENT

(1.) The appellant/claimant has filed this Appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 being aggrieved with the award dtd. 20/10/2022 passed by Seventh MACT, Sagar in MACC No.335/2020 by which the learned Claims Tribunal has rejected the claim of the appellant/claimant on the ground that the appellant/claimant has failed to prove the alleged accident caused by the offending vehicle.

(2.) Brief facts of the case are that on 13/12/2019 at about 10:30 A.M. when appellant/claimant was waiting for her colleague at Parkota, Sagar, at that time respondent No.1/non-applicant No.1 who was coming from Namak Mandi was driving the vehicle bearing registration No.MP-20-CE-4758 rashly and negligently dashed the appellant/claimant, due to which she sustained fracture in her left leg. Thereafter, appellant preferred a claim petition before the Claims Tribunal claiming compensation to the tune of Rs.19,69,000.00 (Nineteen lakhs sixty nine thousand) on account of injuries sustained by her in the alleged incident.

(3.) Learned Tribunal summoned the respondent No.1/non-applicant No.1 and respondent No.2/insurance company. Respondent No.1 filed written statement and denied the averments mentioned in the claim petition. However, it was stated that on the date of incident the respondent No.1 had valid and effective license to drive the offending vehicle, which was insured with respondent No.2/non-applicant No.2, therefore, if any amount of compensation is awarded, then it is respondent No.2/insurance company who is liable to pay the amount of compensation.