AWADHESH KUMAR TIWARY Vs. VIJAY KUMAR JAISWAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Present miscellaneous appeal has been preferred by the appellant being aggrieved and dissatisfied with the judgment/award dtd. 30/7/2018 passed by Mr. Ghulam Haidar, learned District Judge-II-cum-P.O., M.A.C.T., Bermo at Tenughat in Motor Vehicle Claim Case No.60 of 2004, whereby and whereunder an award of Rs.3,24,314.00 along with simple interest @ 7 % per annum has been passed in favour of the claimant/respondent no.1 under Sec. 166 of the Motor Vehicles Act, 1988.

(3.) Factual Matrix of the case giving rise to the appeal is that on 24/11/2003 at about 8 A.M., the claimant Vijay Kumar Jaiswal along with one Basant Kuamr Singh was going on a motorcycle bearing registration no.Jh-10B-5772 from Shopping Centre at Dugda, District-Bokaro to the Mandir Colony, Dugda. The claimant was a pillion rider. It is alleged that when the motorcycle reached near the Mandir Colony, all of a sudden opposite party No.1, Awadhesh Kumar Tiwary(appellant) driving white Ambassador car bearing registration No.WGM-1857 in rash and negligent manner coming from opposite direction dashed the motorcycle, due to which, claimant and the said Basant Kumar Singh fell down on road and sustained grievous injuries. It is alleged that claimant was immediately taken to Pandit Clinic, Dhanbad for his treatment. Later on, due to his multiple injuries and compound fracture and dislocation of his right hip joint bone, he was in a critical condition, hence referred to Popular Nursing Home, Patna where he undergone treatment for about one month. When the claimant returned from Patna, he came to know that inspite of information given to the local police station about the accident, no F.I.R. was registered. Hence, he lodged a complaint bearing Complaint Case No.64 of 2004, which was forwarded to the concerned police station under Sec. 156(3) of the Cr.P.C. for registration of the case and investigation. Accordingly, Dugda P.S. Case No.08 of 2004 dtd. 21/4/2004 was registered under Sec. 279, 337, 338 of I.P.C and after completion of investigation, charge sheet was submitted against opposite party No.1 for the offences under Ss. 279, 337 and 338 of Indian Penal Code. It is alleged that the age of the claimant on the date of occurrence was 26 years and he was earning Rs.5,000.00 per month from business and private service and due to the said accident, the claimant has become completely disabled and permanently handicapped and incurred huge expenses in his treatment. Therefore, the claimant has claimed Rs.4,00,000.00 as compensation.