CHANDRA SHEKHAR PRASAD Vs. DHANANJAY KUMAR SINGH

JUDGEMENT

(1.) Heard Mr. Vijay Kumar Sharma learned counsel for the appellant, Mr. Sabyasanchi, learned counsel for the respondent no. 1 and Mr. Sidhatrtha Jyoti Roy, learned counsel for the respondent no. 2.

(2.) Aggrieved with award dtd. 24/7/2017 passed by the learned District Judge-1-cum-Additional Claim Tribunal-Ist, Chatra in Claim Case No. 59 of 2012, the appellant/claimant has preferred this appeal for enhancement of awarded amount.

(3.) On 14/1/2007 the claimant was travelling from Itkhori to Chatra in a Jeep bearing Registration No. JH-13A-0766. Around 06.15 pm, when the jeep reached village Chour, the driver of Jeep namely, Khula Mochi stopped the jeep for getting the passengers down. To facilitate the passengers in getting down due to over crowd, the claimant also got down from the Jeep, meanwhile, the driver of tractor bearing No. JH-13A-3042 namely Jai Prakash Singh driving the tractor in rash and negligent manner dashed against the claimant and fled away as a result of which he received multiple grievous injuries on his left leg. He was rushed to Chatra, Hospital and thereafter he was referred to Gaya Hospital from where he was referred to PMCH, Patna. The injured was also treated at Max Care Hospital, Patna. For the alleged accident, F.I.R. was registered as Chatra Sadar P.S. Case No. 14 of 2007 under Sec. 279, 337 and 338 of the I.P.C. on 24/1/2007 against the driver of tractor no. JH-13-A 3042, Jai Prakash Singh. The matter was investigated and chargesheet was filed. At the time of accident the injured was 25 years old and he was registered medical practitioner (RMP) and was earning Rs.6,000.00 per month and he was the only bread earner of the family, because of the permanent injury he suffered a lot. He spent Rs.1,50,000.00 in his treatment and due to injuries caused he cannot work as usual. Therefore he claimed compensation.