JUDGMENT

1. Heard Mr. S. S. Kakodkar, learned Counsel for the appellant and Mr. E. Afonso, learned Counsel for the respondent no.3.

2. The present appeal is filed being aggrieved by the judgment and award dated 17.05.2011 passed by the Motor Accident Claims Tribunal, South Goa, at Margao, in Claim Petition No.73 of 2004.

3. The claim of the claimants before Claims Tribunal was as under:

On 02.10.2001, at around 2.30 p.m., when claimant along with others was travelling in Tata Sumo bearing no. GA-02/J-5376 from Goa to Vailankanni, at K. Balikatte Gate of Chitradurg Taluka, on NH-4 road, the respondent no.1 drove truck bearing no. KA-25/A-295 belonging to respondent no.2 in fast speed and in rash and negligent manner and dashed the same against the Tata Sumo in which the claimant was travelling. Due to the dash, the driver of Tata Sumo lost control and dashed the vehicle against the border of the left side road side gutter. In the said accident, the right hand of the claimant fractured and she also suffered other injuries.

4. Before the claims tribunal, the respondent no.3 denied the claim