BHAVNA SHARMA Vs. AMANULLAH

JUDGEMENT

(1.) BEING aggrieved by inadequacy of the amount awarded vide award dated 20.12.2000 passed by IInd MACT, Neemuch in Claim Case No. 52/1999, whereby the claim petition filed by the appellant has been dismissed the present appeal has been filed.

(2.) LEARNED Counsel for the appellant submits that appellant was seven years old at the time of accident. It is further submitted that appellant sustained fracture in left leg and on collar bone. It is submitted that no amount has been awarded towards compensation on the ground that it is not proved that accident has taken place by the offending vehicle. Learned Counsel for the appellant submits that in the claim petition, appellant has alleged that accident has taken place by vehicle No. RJ -09C -2872, while in the FIR, it was mentioned as RJ -09 -2872. Since, the word 'C was not mentioned in the FIR, therefore, learned Tribunal has found that it is not proved that accident has taken place with the offending vehicle. Learned Counsel for the appellant submits that at the time of accident father of the appellant was not present who lodged the FIR. It is submitted that accident took place when appellant went in a school trip. It is submitted that father of the appellant was informed by the school authorities about the accident. Thereafter, about the number of the offending vehicle, father of the appellant was informed by A.W. -3. It is submitted that on account of FIR, the offending vehicle was seized by the police authorities and criminal case was also registered against the Driver of the vehicle No. RJ -09C -2872.

(3.) IN the claim petition the number of the vehicle is mentioned as RJ -09C -2872, while in the FIR the word 'C is missing. Since, the father of the appellant who lodged the FIR was not present at the time of accident, therefore, only on account of this minor discrepancy the claim petition could not have been rejected as other evidence was available on record to prove the fact that accident took place by vehicle bearing Registration No. RJ -09C -2872.