BOHTI Vs. RAJ KUMAR AND ORS.

JUDGEMENT

(1.) THIS is an appeal by Ms. Bohti (later referred to as "the victim") minor daughter of Om Parkash against award dated 04.12.2003 passed by Motor Accident Claims Tribunal, Kurukshetra (later referred to as "the Tribunal") whereby she was allowed compensation of Rs. 30,700/ - for the injuries suffered by her in a motor accident with car bearing No. DL -8CB -7618 (later referred to as "the offending vehicle").

(2.) THE brief description of accident as given in the claim petition reads as follows: -

(3.) IN the separate written statement, respondent No. 3 -Insurance Company also denied the accident and alleged that a false claim petition had been filed by the claimant in collusion with respondent No. 1. The offending vehicle was not involved in any accident and an alternate plea was taken that even if the accident is proved, the same was due to negligence of the victim who came in front of the car and hit herself with the car, as such, there was no negligence on the part of respondent No. 1. The liability of Insurance Company to pay any compensation is not attracted.