KRUTI Vs. MANNALAL PANNALAL CONSTRUCTION PVT LTD

JUDGEMENT

(1.) THE appellant/claimant has filed the appeal under Section 173 of the motor Vehicles Act, 1988 for the enhancement of the amount of Award dated 28th February, 2001 in Claim Case No. 44/2000 passed by learned Additional member of Motor Accident Claims Tribunal, Ujjain, whereby the amount of rs. 7,000. 00 along with interest @ 9% p. a. from the date of presentation of application i. e. 17-11-1997 was provided to the appellant.

(2.) THE case of the claimants that on 08-07-1996 at about 02. 00 p. m. when the claimant was going in her Luna then near Church Colony, Indore, respondent No. 2 Rajendra Singhal, while driving Maruti Car rashly and negligently, has hit the Luna and in the accident the nasal bone of the claimant was fractured and she has also received the injuries on other part of her body. That the claimant is a doctor and she was admitted for 45 days in the hospital. That Respondent No. 1 is the owner and Respondent No. 3 is insurer and as such the amount of Rs. 1,08,000-00, jointly and severally, be provided to the claimant from the Respondents.

(3.) RESPONDENTS No. 1 and 2 proceeded ex-parte. Respondent No. 3 has pleaded that the driver of the Maruti Car was not having the valid license and as such the Insurance Company is not liable to pay the amount.