PUSHPA DEVI Vs. SHASHIKANT AND ORS

JUDGEMENT

(1.) The appellant/ claimant has preferred this appeal u/S. 173 of Motor Vehicles Act 1988 (For brevity "the Act") assailing the award dated 31.1.2007 passed by the XIIth, Motor Accident Claims Tribual, Gwalior, Distt. Gwalior in Claim Case No. 28/2006 by which the application filed by the appellant u/S. 166 of the Act has been dismissed.

(2.) The facts in brief are that on 19.8.2005 at about 8 am appellant was going towards Girraj Mandir, when Tractor bearing Registration No. MP 07 KJ 7573 driven by respondent no. 1 Shashikant struck against the appellant from opposite side and the front tyre of the Tractor rolled over to the left hand and left ear. She was brought to the hospital and FIR bearing Crime No. 513/2005 was registered u/S. 279 and 337 of IPC at Police Staiton Dabra, Distt. Gwalior.

(3.) The appellant filed claim petition u/S. 166 of the Act seeking compensation for the injuries sustained by her due to the accident. The appellant sustained permanent disability and was not able to perform her normal work and claimed Rs. 4,65,000/- as compensation.