LAXMI DEVI Vs. JAY PRAKASH SINGH

JUDGEMENT

(1.) Heard Mr. Shiwam Lath, learned counsel appearing for the appellant and Mr. Ajay Kumar Pathak, learned counsel appearing for respondent no.3-insurance company.

(2.) The appellant, being aggrieved with the judgment and award dtd. 21/9/2015 passed by the learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi in Compensation Case No.86 of 2007, has preferred this miscellaneous appeal.

(3.) The appellant-claimant has filed the Compensation Case No.86/2007 under Sec. 166 of Motor Vehicles Act for compensation of Rs.5,00,000.00on account of motor vehicle accidental injuries besides the interest. The claimant's case before the learned Tribunal was that on 29/9/2001, the claimant-Laxmi Devi was travelling by Bus No. BPV-9039 from village Bhandra to Ranchi and the driver of the bus tried to overtake a bus in high speed, as a result of which, it capsized in the left side of road causing grievous injuries to several passengers including the claimant. The injured passengers were immediately rushed to Rajendra Institute of Medical Science (RIMS), Ranchi for their treatment. It was further alleged that due to spinal injuries, the claimant was unable to move and became crippled and was fully dependent on others and she was unable to perform her normal works. The claimant has incurred huge expenditure in her treatment and rehabilitation and the attending doctors have opined that she might not fully recover. It was also alleged that the accident occurred due to rash and negligent driving by the driver of the offending bus and the claimant is entitled for compensation of Rs.5,00,000.00 on account of motor vehicle accidental injuries. In this background, the said compensation case was filed. On the basis of fardbeyan of Shafique Ansari, a case being Itki P.S. Case No.22/2001 dtd. 29/9/2001 was registered against the driver of bus bearing No. BPV-9039 for the offence under Sec. 279/337/338 of the Indian Penal Code and after investigation, charge-sheet was submitted against Somra Oraon, the driver of offending bus under the aforesaid Sec. .