ARJUN RAM MAHLI Vs. SHAYAM DEVISUT CHOBEY

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This appeal is at the instance of the claimant, whereby the claimant has challenged the award dtd. 18/5/2016 passed in M.A.C.T Case No. 14/2011 by which, the learned Principal District Judge-cum-MACT Gumla has dismissed the claim application of the appellant-claimant.

(3.) The injured-claimant was a driver of Bolero Pick UP Van bearing registration No. JH 07C 2486. After loading materials along with owner of goods and the owner of the vehicle, the driver was driving the said Pick Up Van. When the vehicle reached near Karonti Check-post, the driver saw a truck bearing registration No. CG 04 G 4759, coming from opposite direction. The appellantclaimant took his hand out from the window of the Pick up Van and tried to signal the vehicle, for slowing down the truck, but it dashed the Bolero Pick Up Van, as a result of which, hand of the claimant was severed from his body. An FIR being Gumla P.S. Case No. 321 of 2010 under Ss. 279, 337 and 338 IPC was registered. The author of the FIR is the owner of the Pick Up Van, who is the eye witness of the occurrence, as he was travelling in the said vehicle along with the driver. Claim application was filed seeking compensation, which was registered as MACT Case No. 14/2011. The opposite parties appeared and contested the claim application. On the basis of the pleadings, the Tribunal has framed six issues, which are as follows: