MAYA Vs. CHAGGAN LAL & ORS.

JUDGEMENT

(1.) Being aggrieved by the award dated 24.7.2007 passed by XIII Additional, MACT, Indore in claim case No. 203/2006 whereby the claim case filed by appellant was dismissed, the present appeal has been filed.

(2.) Short facts of the case are that appellant who was a lady aged 40 years filed a claim case alleging that on 2.11.2005 appellant was going in a tempo bearing registration No. MP-09/S/3962 towards Indore. It was alleged that the offending tempo was being driven by respondent No. 2 rashly and negligently which was owned by respondent No. 1 and insured with respondent No. 3. It was alleged that because of rash and negligent driving of respondent No. 2 it met with an accident with an unknown truck with the result the offending tempo was turned turtled and appellant sustained fracture of humerus bone and also fracture of elbow in right hand. It was alleged that appellant was hospitalized where she was operated twice. It was alleged that claim case filed by appellant be allowed and compensation be awarded against the respondents. The claim case was contested by respondents on various grounds including on the ground that since the accident occurred because of rash and negligent driving of unknown truck, therefore, respondent No. 3 is not liable for payment of compensation. It was prayed that the claim case be dismissed. After framing of issues and recording of evidence, learned Tribunal has held that appellant sustained injuries because of accident which took place between the tempo and unknown truck. It was further held that since driver of offending unknown truck was negligent, therefore, respondents cannot be held liable for payment of compensation, hence the claim case was dismissed against which the present appeal has been filed.

(3.) Learned Counsel for appellant submits that learned Tribunal committed error in dismissing the claim case. It is submitted that so far as appellant is concerned, it was a case of composite negligence as appellant was a third party and was travelling in tempo. It is submitted that apart from this to prove the fact that accident occurred because of rash and negligent driving of respondent No. 2, appellant has examined herself and one witness Kamlabai who was also travelling in the said tempo. It is submitted that appellant was hospitalized from 2.11.2005 to 30.11.2005 at M.Y. Hospital, Indore and again was operated from 21.12.2005 to 24.12.2005 where appellant was operated and rod was inserted and because of fracture permanent disability was found proved upto the extent of 57%. It is submitted that appellant has spent a sum of Rs. 20,000 towards her treatment. It is submitted that appeal filed by appellant be allowed and impugned award passed by learned Tribunal be set aside.