By this appeal the appellant takes exception to the judgment and award dated 31st December. 2002 passed by the Motor Accident Claims Tribunal in claim petition No.244/1994 dismissing the claim petition filed by the appellant/claimant claiming compensation of Rs.2 Lacs on account of injuries sustained by her in an accident.

2. According to the claimant. on 19th July, 1994, at about 6.30 a.m, at Farmagudi, Ponda. the claimant along with her daughter and husband were standing and loading the luggage in a tempo, which was on the extreme left of the road as one proceeds from Ponda to Panaji. Respondent no. 1 came from opposite direction on the motorcycle in a fast speed and in a rash and negligent manner, came towards the right side of the road and gave dash to the claimant as a result of which, the claimant fell on ground and sustained grievous injuries. The vehicle driven by respondent no. 1 was insured with respondent no.2. The appellant/claimant filed claim petition claiming compensation of Rs.2 Lacs against the respondents.

3. Respondent no. I contested the claim petition. According to him, he was proceeding along with one Kashinath Ramgaunda from Taleigaon to his native place at Bijapur. At about 6.30 a.m., he reached near S.D.P.O.'s office at Farmagudi. He noticed that one pickup was standing on the left side of the road facing towards Panaji side. Respondent no.1 was proceeding at a moderate speed from left side of the road. When he reached near the pickup, he saw a girl along with 3 baskets standing on the right side of the road as one proceeds from Ponda to Panaji. The claimant, who had already put one basket in the pickup was in a hurry to put the other three baskets which the claimant had kept on the right hand side as one proceeds from Ponda to Panaji. Suddenly, the claimant tried to cross the road, as a result of which the claimant came and dashed the right side of respondent no.1 and fell on the ground. Thus, according to respondent no.1, the accident had occurred solely on the ground of negligence of the claimant. Respondent no.2 also denied that the accident had occurred on account of rash and negligent driving of respondent no. 1.

4. On the basis of pleadings, the Tribunal framed the following issues:

1. Whether the claimant proves that on 19.7.194 at about 6.30 a.m. she alongwith her husband and daughter were standing and/ or were putting luggage in a tempo on the extreme left side of the road Ponda-Panaji at Farmagudi Circle when Respondent no.1 drove Suzuki vehicle bearing no,GA-OID-2065 in a rash and negligent manner and dashed it on the claimant knocking her down?

2. Whether the claimant proves that in the said accident she sustained multiple injuries including fracture of right leg resulting in permanent disability?

3. Whether the claimant proves that she is entitled to a total compensation of Rs.2,00,000/- ?

4. Whether respondent no.1 proves that at the relevant time it was the claimant who suddenly and negligently without looking to her left side that is towards Panaji side tried to cross the road as a result of which she came and dashed on the right side of the motorcycle which respondent no.1 was driving. In other words that the accident was caused solely due to the fault of the claimant?

5. The claimant examined herself and two witnesses, namely Ramesh Satarkar - CW2 and Ulhas Satarkar - CW3. The respondent did not examine any witness. The, Tribunal, upon appreciation of the evidence led by the claimant, held that the claimant herself was negligent and accepted the version of respondent no.1 that the claimant suddenly tried to cross the road.

The Tribunal held that the claimant had not been able to establish that it was respondent no.1.

who drove the motorcycle in a rash and negligent manner. Consequently, the Claims Tribunal dismissed the claim petition.

6. Mr. Lawande, learned Counsel for the appellant/claimant submitted that the claimant has been able to establish that it was respondent no. 1, who was