ARIF KHAN Vs. MADANLAL

JUDGEMENT

(1.) BEING aggrieved by the award dated 19-9-2003 passed by XIII MACT, Indore in claim Case No. 90/03 where by the claim petition filed by the appellant for award of compensation of Rs. 4 lacs on account of injury sustained by him in a Motor Accident the present appeal has been filed.

(2.) SHORT facts alleged in the claim petition are that on 4-7-2001 appellant was going on his motor bike on the left side of the road, at that time a jeep bearing vehicle No. MP-09-S-1310 was coming from other side. It was alleged that respondent No. 2 was driving the offending vehicle rashly and negligently and hit the appellant with the result appellant sustained fractureof Tibia and Fibula bones in his left leg and also fracture of 3rd Metatarsal bone. It was alleged that the appellant was brought to Gokuldas Hospital, where he remained as Indoorpatient. Thereafterappellant was shifted to Minesh Hospital, where he remained up to 1 -8-2001. It was further alleged that at the relevant time Respondent No. 3 was the insurer of the offending jeep. With the aforesaid allegations, the claim petition was filed.

(3.) THE claim petition was contested by respondent No. 3 on various grounds including on the ground that no accident has occurred with the offending vehicle. It was also denied that appellant sustained injury in a motor accident. The liability of Insurance Company was also disputed. It was prayed that claim petition be dismissed. After framing of issues and reading of the evidence learned Tribunal dismissed claim petition against which the present appeal has been filed.