NITIN Vs. HEMANT

JUDGEMENT

(1.) BEING aggrieved by the award dated 7.7.2007 passed by XI Additional Member, MACT, Indore in Claim Case No. 103/2005, whereby the claim petition filed by the appellant was dismissed on the ground that appellant has failed to prove that accident occurred by the offending vehicle, present appeal has been filed.

(2.) SHORT facts of the case are that appellant who was minor aged four years, filed the claim petition alleging that on 19.3.2005 when the appellant was going with his grand mother at about 4:00 p.m., at that time a car bearing registration No. MP 09 -HB -5537 which was driven by respondent No. 2, owned by respondent No. 1 (A) dashed the appellant with the result appellant sustained fracture in his right leg. Appellant was hospitalized. It was alleged that the offending vehicle was driven by respondent No. 2 rashly and negligently and insured with respondent No. 3. It was prayed that the claim petition be allowed and compensation be awarded.

(3.) LEARNED counsel for respondent No. 1 (A) submits that even if it is found that the accident has taken place, then too the respondent No. 3 is liable for payment of compensation as the offending vehicle was insured.