CHALITAR CHAUDHARY Vs. THE NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) Heard.

(2.) This appeal has been filed for setting aside the judgment dated 27.7.2013 and Award dated 7.9.2013 passed by 3rd Additional District Judge -cum -Motor Vehicles Accident Tribunal, Gaya in claim case no.64 of 2011 / 24 of 2007 by which compensation of Rs.62,876/- has been granted to the claimant-appellant.

(3.) Appellant had filed claim case under Section 166 of M.V. Act claiming compensation of rupees one lakh on account of permanent disability suffered by him in accident which took place on 4.2.2003 at 7.30 p.m. on G.T. Road, Barachatti, Gaya. Appellant along with others were standing by the side of road when the offending truck being driven rashly and negligently dashed causing serious injury. F.I.R. was instituted against the driver of the offending truck under Sections 279, 337, 333, 304A of IPC giving rise to Barachati P.S. Case No.14 of 2003. In said accident, two persons died and 10 to 15 persons including appellant got injured and were treated in M.M.C.H. Hospital, Gaya. The offending vehicle was insured with opposite party no.1, the New India Insurance Company Ltd. Appellant was aged about 35 years and claimed to be toddy seller and his monthly income was Rs.3,000/- per month and due to said accident resulting in permanent disability there was loss of earning for which compensation was claimed. Opposite party no.1, the Insurance Company appeared and filed written statement and contested the claim of appellant, however, in spite of valid service of notice, opposite party no.2, the owner of the vehicle did not appear. The Tribunal framed five issues and three witnesses were examined on behalf of appellant and certified copy of F.I.R., permanent disability certificate, photocopy of charge-sheet, insurance policy and owner book were exhibited as documentary evidence, however, no evidence was adduced on behalf of opposite party.