GAJRANI Vs. MANOJ JAIN

JUDGEMENT

(1.) THIS appeal has been preferred against the dismissal of the claim application under section 166 of the motor Vehicles Act, 1988, vide the award dated 21. 6. 2001 passed by the Member of Additional M. A. C. T. , Khurai in Motor accident Claim Case No. 26 of 1999.

(2.) CASE of the claimant-appellant is that she was hit by a black colour Yamaha motor cycle on 12. 12. 1998 from behind which was being driven by the respondent in a rash and negligent manner. It was her specific case that the registration number was not mentioned on the motor cycle at the time of accident and thereafter motor cycle was not seen with the respondent. F. I. R. was lodged on the same date, however, without making mention therein of the registration number of the offending motor cycle. The claimant could not trace out the particulars of the motor cycle, accordingly, the same were not mentioned in the claim petition which was submitted for compensation with regard to the injuries received by her in the accident.

(3.) RESPONDENT denied the allegations contained in the claim petition.