SATNAM SINGH GAMBHIR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant is the claimant. Being not satisfied with the quantum of compensation awarded in judgment and award dated 13th February, 2014 made in MVC No. 5020 of 2012 by the Motor Accident Claims Tribunal, Bengaluru (for short Tribunal ), she has filed this appeal.

(2.) In the claim petition, the appellant has contended that on 13.4.2012 at about 10:00 a.m., while she was proceeding as a pillion rider on motor cycle bearing Regn. No. KA-51-E-5609 on the left side of the road, near Military Dairy Gate, Kempapura Cross, BB Road, Bangalore, a Bolero Jeep bearing Regn. No. KA-01-G-5207 driven by its driver in a rash and negligent manner dashed against the motor cycle from behind. Due to that, the claimant fell down and sustained grievous injuries all over the body. She was shifted to Colombia Asia Hospital. After the first aid, she was shifted to Hosmat Hospital Bangalore. She took treatment as inpatient for a period of four days. She has sustained fracture of both bones of right forearm and comminuted fracture of distal radius. She claimed that she has spent more than Rs. 2,00,000/- towards treatment. The offending vehicle, Bolero Jeep, was insured with the 1st respondent. Hence, both the respondents are liable to compensate the claimant and sought for compensation of Rs. 12,00,000/-.

(3.) In pursuance of the notice issued by the Tribunal, the 1st respondent filed written statement denying the entire averments made in the claim petition and also rash and negligent driving of Bolero Jeep. On the other hand, it was contended that due to rash and negligent riding of the motor cycle by the husband of the claimant by applying sudden brake, the claimant fell down. Further, rider of the motorcycle did not possess valid and effective driving license as on the date of accident. Hence, the 1st respondent is not liable to compensate the claimant and sought for dismissal of the claim petition.