ORIENTAL INSURANCE COMPANY LIMITED, HAZARIBAGH Vs. GOPAL SAHU

JUDGEMENT

(1.) The Insurance Company has preferred the instant appeal against the judgment and award of compensation in Claim Case No.115/1997 by the learned Additional MVACT, Fast Track Court-III, Chatra, whereby and whereunder a compensation of Rs.2,00,000.00 has been awarded for the permanent disability suffered by the claimant in motor vehicle accident involving a Bus bearing registration No.BR-14P-7912 under Sec. 166 of M.V. Act.

(2.) As per claim case filed the claimant Gopal Sahu who was a pillion rider of scooter was dashed by the Bus bearing registration No. No.BR-14P-7912 coming from the opposite direction and as a result he sustained fracture in his right leg and consequent permanent disability.

(3.) The Judgment has been assailed on the ground that the case of the claimant suffers from material inconsistencies and contradictions which shades cloud on the claimant's version of motor vehicle accident. It is argued that case has been registered after two months on the basis of the written report lodged after an inordinate delay of 5 days without a cogent explanation for the delay. He was admitted in Chatra Hospital immediately after the accident and there was opportunity of lodging FIR at that stage, but no case was lodged and it was instituted as afterthought. Police found the case as not true and submitted final form with finding that the accident took place when the motorcycle hit a rock and not as stated by the claimant of being dashed by the bus. The learned Court of the Magistrate took cognizance on the basis of protest-cum-complaint- petition, inquiry was conducted and on holding trial the driver of the bus was acquitted. All the relevant documents have been adduced into evidence and marked as Exhibits-A to D.