SUNITA TIGGA Vs. RAJU SINGH

JUDGEMENT

(1.) Heard the parties.

(2.) The claimant-appellant being dissatisfied with the judgment and award passed by the Motor Vehicles Accident Claims Tribunal, Ranchi in Compensation Case No. 106 of 1999 dated 28th day of Nov., 2011 has preferred this appeal praying to enhance the quantum of compensation awarded to the claimant-appellant.

(3.) The brief facts of the case are that on 29.04.1999 while the claimant-appellant along with others while travelling in the bus bearing registration no. BR-14P-5455, due to negligent driving of the driver, the said bus met with an accident, as a result of which several passengers of the bus including the claimant-appellant sustained injury. It is the further case of the claimant-appellant that she suffered multiple grievous injury on her both hands and other parts of her body. Her left hand has completely been amputated and due to injuries being sustained on her head she is unable to perform her normal work and is suffering from permanent impureness of the strength of her whole body. The claimant-appellant was treated at R.M.C.H., Ranchi from the date of accident to 22.05.1999 and thereafter from 14.06.1999 to 22.06.1999. A disablement certificate has also been issued to the claimant-appellant by the District Handicapped Medical Board, Ranchi, showing the disablement of the applicant to the extent of 100%. The opposite party-respondent no.1-owner of the offending bus did not appear in the Tribunal and was debarred from filing any written statement. The opposite party-respondent no.2-United India Insurance Company Ltd. was the insurer of the offending bus. In its written statement, the opposite party-respondent no.2 inter alia pleaded that the driver of the bus was not holding a valid and effective driving licence.