Honble CHAUHAN, J.–In the afternoon of 14.12.1988, when the appellant was going from Panch Batti Circle to Ajmeri Gate, on M.I. Road, one of the busiest roads of Jaipur, without any signal, the respondents Car hit the appellant from the back. Consequently, not only was the Scooter damaged, but more importantly the appellant suffered a fracture of his hipbone. The appellant had to undergo an operation whereby a steel road was inserted in his hip joint. According to the appellant, he stayed in SMS Hospital at Jaipur for five days. Subsequently, because the Doctors of the Hospital were on strike, therefore he was shifted to the Sharma Nursing Home where he stayed for almost 80 days. Consequently, he filed a claim petition before the Motor Accident Claims Tribunal, Jaipur, for compensation of Rs. 1,03,305/-.

(2). Since the Driver and the owner did not appear before the Tribunal, therefore the Tribunal proceeded ex-parte against them. The Insurance Company filed its written statement wherein it admitted that the offending vehicle was insured with them, but denied the factum of the accident. The learned Tribunal framed six issues. In order to prove its case, the appellant examined four wi

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