JUDGMENT :

This is a claimant's appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') arising out of a judgment and award passed by the Motor Accident Claims Tribunal/ the 10th Additional District Judge, Allahabad dated 02.09.2000 in MACP No.584 of 1996, rejecting the claim petition.

2. A claim petition was instituted by the claimant-appellant, Smt. Bindu Singh (for short, 'the claimant') before the Motor Accident Claims Tribunal/ the District Judge, Allahabad on 04.09.1996 with the case that on 15.06.1996, the claimant along with her family members was travelling on board Jeep, bearing registration No. UP-70F-1028 from Allahabad (now Prayagraj) towards Rewa. At about 9 o'clock in the evening when the Jeep was moving on the Allahabad-Rewa Road and had reached a place called Village Barethi, within the local limits of Police Station Kaundhiara, District Allahabad, the Jeep driver, driving the vehicle at a high speed and negligently, hit a stationary truck on the rear side. The truck was proceeding to Rewa and was parked on the road at a place, which was dark. The tail lamps of the truck were not alight nor was it displaying any other signal about its stationary position. The Jeep driver owing to his negligence hit the truck involving the left side of the Jeep in the collision. The Jeep was badly wrecked due to the impact. The claimant, who was sitting on the left hand side of the Jeep, sustained grievous injuries and her son Sameer Kumar Singh, who was sitting by her side and another Harish Chandra @ Lallan, sitting behind the claimant, also on the left hand side, too sustained injuries.

3. The claimant asserts that she is an educated woman and would work from home under a scheme of the State Government for informal education as an Anudeshika. The said work was part time. In addition, she would carry on business of supplying milk on her own, take care of her family as well as carry on agriculture. On account of the injuries sustained in the accident, the claimant has been left incapable of performing any productive work in future. The claimant has also asserted that she was a healthy person, but after the accident, she is no longer in a position to work either for her family or outside, as she did before. Her body has been disfigured and the injuries have left her a depressed woman. In her personal life, she has to face difficulties and reverses. She has suffered a mental and physical setback on account of the injuries which are likely to be there throughout her life.

4. It is the claimant's case that after the accident, the owner of the Jeep and the Insurer did not take any action. She reported the matter to the Superintendent of Police, Trans Yamuna, Allahabad personally appearing before him on 23.08.1996. The Superintendent of Police aforesaid ordered the competent Officer at Police Station Kaundhiara, District Allahabad to lodge a report about the accident by his order dated 23.08.1996. Thereupon, Crime No.130 of 1996, under Sections 279, 337 IPC, Police Station Kaundhiara, District Allahabad was registered on 01.09.1996, where the claimant's husband, Ashok Kumar Singh is the informant. Hari Pratap Singh was impleaded as opposite party No.1 to the claim petition, who is the owner of the Jeep in question. He shall hereinafter be referred to as 'the owner'. The United India Insurance Company Limited, 5A, Sardar Patel Marg, Civil Lines, Allahabad through its Branch Manager are opposite party No.2 to the claim petition. The said Insurance Company are the Insurers of the Jeep. The Insurance Company is impleaded as respondent No.2 to the appeal. The Insurance Company aforesaid shall hereinafter be referred to as 'the Insurer'.

5. A written statement dated 30.07.1997 was filed on behalf of the owner, bearing paper No.10-A. The owner generally denied the allegations in the claim petition. The owner came up with a plea that the claimant's allegation that the accident happened on account of the rash and negligent