GYAN CHAND AGARWAL Vs. ROPA ORAON

JUDGEMENT

(1.) -This appeal by the claimant-appellant is directed against the judgment and award dated 3/10/2008 passed by Motor Accidents Claims Tribunal, Lohardaga in Compensation Case No. 106 of 2000 whereby the claim application filed by the claimant for grant of compensation for the injuries sustained by him in motor vehicle accident has been dismissed.

(2.) Claimant-appellant was travelling in a reserved bus from Ranchi to Lohardaga. It was alleged that the bus was being driven in a very rash and negligent manner which resulted in accident causing severe injury to the person of the appellant. According to the claimant, at the time of accident his monthly income was Rs. 2,000 in addition to Rs. 1,500 from selling vegetables in the market. Because of the injury in his hand, he has been deprived of from doing any work by the said hand and there is 70 per cent disablement. In support of his claim, the appellant filed certified copy of F.I.R., certified copy of charge-sheet, certified copy of judgment of criminal case against the driver of the vehicle and certified copy of injury report, permanent disablement certificate issued by Chief Medical Officer, Lohardaga. The claimant also examined himself as a witness. In addition to that PW 2 was examined who supported the case of the claimant saying that in the said accident, right hand of the claimant has become disabled permanently. PW 3 is another witness, who also sustained injury in the said accident. He also supported the case of the claimant. In spite of these evidence, the Tribunal dismissed the claim case on the ground that the examination of the doctor who ascertained the injury was essential. For better appreciation, the findings recorded by the Tribunal in para 7 of the judgment is reproduced herein below:

(3.) Before constitution of Motor Accidents Claims Tribunal under the Motor Vehicles Act for the grant of compensation, in case of death or fatal injury, was governed by the Fatal Accidents Act for which suit was to be filed. Because of the increase in the number of vehicles and also increase in the number of accidents, the motor Accidents Claims Tribunal has been constituted to impart speedy justice to the dependants or a breadwinner who died in a motor accident. Section 169 of the Act lays down the procedure and power of the claims Tribunal, which reads as under: