PARVATIBAI Vs. OMPRAKASH

JUDGEMENT

(1.) THIS appeal has been filed by the claimant u/s 173 of the Motor Vehicle Act, 1988 being aggrieved by the dismissal of the Claim Case No. 47/2001 by the Motor Accidents Claims Tribunal, Indore by judgment dated 24.4.2002.

(2.) THE brief facts of the case are that the appellant-claimant Parvatibai was walking towards her home at Nehru Nagar from Janjirwala Chouraha at 8 p.m. on 5.6.1999, when near bridge at Vikas Nagar, the non-applicant No. 1, Omprakash driving the motorcycle bearing Registration No. MP- 09-JK 9496 rashly and negligently dashed against her and injured her in the left hand resulting in a permanent disability. The FIR was lodged at Thana MIG and claimant was treated at M.Y. Hospital, Indore and due to the injury resulting into fracture of her left hand, she sustained a permanent disability and claimed a compensation of Rs. 2.00 lakhs before the Claims Tribunal.

(3.) ON consideration of the evidence on record, the Claims Tribunal came to a conclusion that althoguh the claimant had received a fracture on her left hand as claimed by her, it was not the result of any accident with the alleged motorcycle bearing Registration No. MP-09-JK-9496 and on the basis of the fact that the claimant was working as Tailor and as there was no evidence either regarding medical treatment taken by her nor was she able to prove that the accident had occurred due to the collision of the motorcycle and disbelieved the accident and did not fix any liability on the Insurance Company although it did hold that the driver of the motorcycle had valid driving licence and the motorcycle was insured with the respondent-Insurance Company at the time of accident and dismissed the claim.