Judgment ( 1. ) THIS appeal has been preferred against the dismissal of the claim application under section 166 of the motor Vehicles Act, 1988, vide the award dated 21. 6. 2001 passed by the Member of Additional M. A. C. T. , Khurai in Motor accident Claim Case No. 26 of 1999. ( 2. ) CASE of the claimant-appellant is that she was hit by a black colour Yamaha motor cycle on 12. 12. 1998 from behind which was being driven by the respondent in a rash and negligent manner. It was her specific case that the registration number was not mentioned on the motor cycle at the time of accident and thereafter motor cycle was not seen with the respondent. F. I. R. was lodged on the same date, however, without making mention therein of the registration number of the offending motor cycle. The claimant could not trace out the particulars of the motor cycle, accordingly, the same were not mentioned in the claim petition which was submitted for compensation with regard to the injuries received by her in the accident. ( 3. ) RESPONDENT denied the allegations contained in the claim petition. ( 4. ) THE learned Claims Tribunal after recording evidence dismissed the claim petition on the ground that the claimantappellant has failed to provide particulars of the offending motor cycle, e. g. , its registration number, chassis and engine number. The learned Claims Tribunal was of the opinion that the claim could have been established under the provisions of law of Torts only and not under section 166 of the Motor Vehicles Act. Accordingly vide impugned award the claim petition was dismissed. Aggrieved by the same, this appeal has been preferred. ( 5. ) LEARNED counsel for the claimantappellant contended that a claim petition may be entertained on merits despite not providing registration number of the offending vehicle. Fact of accident with the motor cycle could be established by independent evidence. The moment it is found that the accident has occurred out of the use of motor vehicle, the claimant ought to have been held entitled to compensation under the provisions of Motor Vehicles act. ( 6. ) CONSIDERED the submissions and perused the record. ( 7. Fact of accident with the motor cycle could be established by independent evidence. The moment it is found that the accident has occurred out of the use of motor vehicle, the claimant ought to have been held entitled to compensation under the provisions of Motor Vehicles act. ( 6. ) CONSIDERED the submissions and perused the record. ( 7. ) SECTION 166 of the Motor Vehicles act enables a person to submit application for compensation arising out of an accident of the nature specified in sub-section (1)of section 165 of the said Act. Sub-section (1) of section 165 empowers the Claims Tribunal to adjudicate upon the claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles. The word accident is not defined in the Motor Vehicles Act or rules made thereunder. The Apex Court in the case of Shivaji dayanu Patil v. Vatschala Uttam More, 1991 ACJ 777 (SC), has observed: " (36) This would show that as compared to the expression caused by, the expression arising out of has a wider connotation. The expression caused by was used in sections 95 (1) (b) (i) and (ii) and 96 (2) (b) (ii) of the Act. In section 92-A, Parliament, however, chose to use the expression arising out of which indicates that for the purpose of awarding compensation under section 92-A, the causal relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement is not required to be direct and proximate and it can be less immediate. This would imply that accident should be connected with the use of the motor vehicle but the said connection need not be direct and immediate. This construction of the expression arising out of the use of a motor vehicle in section 92-A enlarges the field of protection made available to the victims of an accident and is in consonance with the beneficial object underlying the enactment. " ( 8. This construction of the expression arising out of the use of a motor vehicle in section 92-A enlarges the field of protection made available to the victims of an accident and is in consonance with the beneficial object underlying the enactment. " ( 8. ) IT may further be seen that motor vehicle is defined in clause (28) of section 2 as mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding twenty-five cubic centimetres. Thus, registration of motor cycle is not contemplated in the definition of motor vehicle under the provisions of the Motor vehicles Act, 1988. Sections 165 as well as 166 of the said Act are not confined to the accidents resulting merely from the use of registered motor vehicles. ( 9. ) THIS court in Bhanwarlal v. Kabulsingh, 1989 ACJ 189 (MP), has observed that only because of confusion in the digits of the vehicle number by a rustic illiterate claimant, the claim petition for compensation for the injuries arising out of the motor accident should not be thrown out unless it is held that the accident as alleged by the claimant had not taken place and there was no rashness and negligence on the part of the driver, claim petition cannot legally be dismissed as not maintainable. ( 10. ) IN the present case; the claimantappellant herself stated in the witness-box that she was hit by motor vehicle which was being driven by the respondent at the relevant time. Since she was hit from behind and the respondent ran away with the motor cycle she failed to notice other details. As regards registration number, it was clearly pleaded that on the offending motor vehicle, there was no number plate. Learned Claims Tribunal has not adverted to the statement of the claimant herself supported by Manoj s/o Rajkumar Goraha, pw 2 and Rajy alias Mayank, PW 3. As regards registration number, it was clearly pleaded that on the offending motor vehicle, there was no number plate. Learned Claims Tribunal has not adverted to the statement of the claimant herself supported by Manoj s/o Rajkumar Goraha, pw 2 and Rajy alias Mayank, PW 3. The fact that the claimant was hit by the motor cycle driven by the respondent could be well established by oral evidence. Absence of registration on the offending vehicle does not immunize either the offending vehicle or the person driving it. Learned claims Tribunal, therefore, has erred in rejecting the claim petition merely on the ground that the particulars of the offending motor cycle with regard to its registration number, chassis and engine numbers were not provided either in pleadings or in the evidence. On the contrary, the claimant appears to be a genuine person stating clearly in the claim petition that there was no number plate on the offending motor cycle which was thereafter not seen with the respondent. ( 11. ) CONSIDERING the aforesaid, this appeal deserves to be and is hereby allowed. It is further found that the claim petition under section 166 of Motor Vehicles Act is maintainable despite absence of particulars of registration as well as chassis and engine numbers. Impugned award dismissing thereby the claim petition on the ground of not providing registration number of the offending motor cycle is set aside. The tribunal is further directed to decide the claim petition on merits in accordance with law. Parties to appear before the Claims tribunal on 2. 2. 2009. ( 12. ) IT is made clear that the counsel for the respondent did not choose to appear and argue the case on behalf of the respondent, therefore, the Claims Tribunal shall have to issue notice to the respondent for the date of hearing, before proceeding with the claim on merits. No order as to costs. Appeal allowed.