SHAKUNTALA DEVI Vs. SUCHITA CHOUDHARY

JUDGEMENT

(1.) Appellant is the claimant and the instant appeal is preferred against the judgment in Claim Case No.72/2009, whereby and whereunder the application for compensation filed under Sec. 166 of the Motor Vehicle Act for the death of Musru Ram in the motor vehicle accident has been rejected.

(2.) As per the case of the claimant, on 12/6/2009, deceased Musru Ram was travelling as a passenger on Krishna Rath bus bearing registration no.BR 1PA 9797 from Bokaro to Siwan. The bus met with an accident in Koderma Ghati as it overturned due to rash and negligent driving by the driver of the vehicle in which Musru Ram sustained critical injuries as his right foot and right ankle was completely crushed. He was admitted briefly at Sadar Hospital from where he was referred to higher centre on 14/6/2009. During course of his treatment, he died on 22/6/2009 at Apollo Trauma Centre, Patna.

(3.) Appellant/Claimant adduced into evidence the FIR, Koderma P.S. Case No.295/2009 (Exhibit 4), Charge Sheet (Exhibit 5) and the documents pertaining to treatment which have been marked as X series for identification. Copy of insurance policy, copy of death certificate, salary register have also been marked for identification by the Tribunal. Three witnesses were examined on behalf of the claimant.