GOVERDHAN BARDHAR,J. - (1.) The instant civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimant/appellant for enhancement of the compensation awarded by the Motor Accident Claims Tribunal and Additional District and Sessions Judge (Fast Track) No.4, Udaipur (for short 'the Tribunal') vide impugned judgment and award dated 19.08.2004 passed in Claim Case No. 968/2004, whereby compensation to the tune of Rs. 37,640/- has been awarded in favour of the claimant/appellant.
(2.) Briefly stated the facts of the case are that on 04.06.2000 the claimant was going from Udaipur to Bargaun in the afternoon at around 1:30 PM at a very slow speed on her two wheeler i.e. TVS Scooty bearing No. RJ-27-4-M-8473. When she reached Fatehpur Chourha near Shankar Electric shop and in front of Nehru General Store, an Ambassador Car bearing No. RJ-27-C- 5477, which was driven by respondent No.1 in a rash and negligent manner, hit the claimant's Scooty from behind as a result of which the claimant fell down and sustained certain simple and grievous injuries.
(3.) On service of notice, respondent Nos.2 and 3 filed their reply to the claim petition stating that the accident was occurred due to the negligence of the claimant herself and prayed for dismissal of the claim petition. Respondent No.1 did not file any reply to the claim petition.;