MALINI Vs. AMIT

JUDGEMENT

(1.) This appeal by the claimant under Sec. 173(1) of the Motor Vehicles Act is arising out of the award dtd. 8/7/2008 passed by 13th Additional MACT, Indore in claim case no.44/2007 seeking enhancement of compensation awarded by the Tribunal.

(2.) Brief facts of the case are that on 12/1/2004 at 10.15 a.m appellant/claimant with her son was going to Nirmal hospital, Indore on a motor cycle. His sons was riding the motor cycle and she was sitting behind the motor cycle. When they reached near Kalani nagar, Nirmal hospital then a scooter bearing registration no.MP-09-JP-0346 which was being driven by respondent no.1 rashly and negligently hit the motorcycle due to which she fell down and received injuries on her left hand and suffered fracture. She was admitted in Nirmal hospital Indore and discharged from the hospital on 13/1/2004. She filed a claim petition against the driver and owner of the offending vehicle. She received 17% permanent disability.

(3.) Respondents/driver and owner/insurance company of the offending vehicle filed their written statement. Tribunal on the basis of the pleadings of the parties framed issues and recorded evidence of both parties. Tribunal after hearing counsel for both parties and on appreciation of evidence dismissed the claim petition filed by the claimant/appellant. Being aggrieved by the said order, appellant/claimant has filed this appeal on the ground that Tribunal has committed error in holding that the accident had not occurred.