SMT. LEELA BEN W/O SH. PRATAP SINGH RAJPUT Vs. SMT. MANJU BEN W/O LT. SH. SHANKER LAL PRAJAPAT
LAWS(RAJ)-2017-8-95
HIGH COURT OF RAJASTHAN
Decided on August 08,2017

Smt. Leela Ben W/O Sh. Pratap Singh Rajput Appellant
VERSUS
Smt. Manju Ben W/O Lt. Sh. Shanker Lal Prajapat Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) This appeal is directed against the judgment and award dated 2.8.2000, passed by the Motor Accident Claims Tribunal, Udaipur ('the Tribunal'), whereby the Tribunal has rejected the application for compensation on coming to the conclusion that it was not proved that respondent No.2 was driving the tractor from which, the accident occurred.
(2.) The application for compensation was filed by injured-Smt. Leela Ben with the averments that on 11.8.1992, when the jeep in which she was sitting, was parked on side of the road on account of the fact that she was feeling uneasy, the offending vehicle-tractor being driven by Nana, owned by Shankar Lal, came and struck the said jeep resulting in grievous injuries to her. Based on the said averments, a compensation to the tune of Rs. 4,10,000/- was claimed.
(3.) The application was contested by driver-Nana by filing reply, inter alia, claiming that he was not driving the tractor in question and that he has been wrongly involved. The Insurance Company also filed its reply and disputed its liability with the submissions that the tractor in question was not insured with it on the date of accident.;


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