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2015 DIGILAW 1441 (JHR)

Divisional Manager, The New India Assurance Company Limited, Ranchi v. Narendra Kumar

2015-11-20

D.N.UPADHYAY

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ORDER : This appeal has been preferred by the New India Assurance Company Limited against the judgment and award dated 19.12.2005 passed by M.V.A.C.T, Ranchi in connection with Compensation Case No.113/2000. 2. The facts in brief is that applicant-Narendra Kumar was returning from N.C.C. Office after discharging his official work. When he reached on Road No.4, Ashok Nagar, Ranchi all on a sudden a Maruti Car bearing registration No.BTN-324 came in high speed and caused dash to him as a result he fell down in the nearby drain and sustained fracture injury on his leg. The applicant was removed to Nagarmal Modi Seva Sadan for his treatment and he was admitted in the hospital on 07.06.1999. The applicant was shifted to Sushil Seva Kendra for better treatment and his left leg was operated. In this connection Argora P.S. Case No. 125/1999 under Sections 279/337/338 I.P.C. was registered. 3. The appellant has assailed the impugned judgment on the ground that the informant in his statement has clearly stated that offending vehicle was being driven by a lady and the owner of the vehicle neither disclosed name of that lady driver nor produced any valid licence. On the other hand the owner has come up with a plea that the vehicle was being driven by one Chandra Kant Jha @ Shashi Kant Jha and the police after due investigation submitted charge-sheet against said Chandra Kant Jha @ Shashi Kant Jha in said Argora P.S. Case No. 125/1999. 4. It is further contended that the claimant has not furnished any document to show medical expenses but the Tribunal has ordered to pay Rs. 40,000/-towards medical expenses. No disablement certificate was furnished by the claimant but the Tribunal has awarded Rs. 50,000/-and Rs. 10,000/-towards pain and suffering. The finding of the learned Tribunal is highly erroneous; without basis of any evidence and, therefore, the same is liable to be set aside. 5. Nobody appears on behalf of the respondents. 6. I have gone through the lower court record and the judgment impugned. It reveals from the charge-sheet (ext. 6) that the lady known as Miss. Dip Shikha Sinha was not sent up for trial and her name is appearing in column 2 of the charge-sheet whereas Chandra Kant Jha @ Shashi Kant Jha has been charge-sheeted for the alleged accident. The policy is not in dispute. It reveals from the charge-sheet (ext. 6) that the lady known as Miss. Dip Shikha Sinha was not sent up for trial and her name is appearing in column 2 of the charge-sheet whereas Chandra Kant Jha @ Shashi Kant Jha has been charge-sheeted for the alleged accident. The policy is not in dispute. The claimant has furnished medical document to show that he was admitted to the hospital after the accident for the treatment of his injury. The claimant happens to be a Govt. employee and remained absent from his duty due to accident occurred. The learned Tribunal has considered all these aspects and awarded a total sum of Rs.1,00,000/-towards compensation against the injuries caused to the claimant in the alleged accident. 7. I do not find that the Insurance Company has succeeded to prove that the vehicle was being driven by a lady save and except the statement of witnesses examined on behalf of the claimant. The I.O. has not been examined to clarify the issue. The owner has admitted that the vehicle was being driven by Chandra Kant Jha @ Shashi Kant Jha. The informant has also stated that the offending vehicle came from behind and caused dash. When the informant went back near the car then he saw a girl sitting in the car and another person getting down from the car. It could well be said that the appellant has failed to adduce proper evidence to bring it on record that the vehicle was being driven by a lady and not by Chandra Kant Jha @ Shashi Kant Jha, who has been charge-sheeted for the offence committed relating to Argora P.S. Case No. 125/1999. Furthermore, the medical certificate furnished by the claimant has also been exhibited and that clearly indicates that claimant had undergone treatment for the injury sustained. The Tribunal has taken note of all these documents and evidence and I do not find any irregularity or ambiguity or illegality in the impugned judgment and award. I do not feel inclined to interfere with the findings and accordingly appeal stands dismissed. 8. The Tribunal has taken note of all these documents and evidence and I do not find any irregularity or ambiguity or illegality in the impugned judgment and award. I do not feel inclined to interfere with the findings and accordingly appeal stands dismissed. 8. The statutory amount of Rs.25,000/-deposited at the time of presenting the appeal is directed to be transmitted to the National Lok Adalat likely to be held on 12.12.2015 so that the amount may be paid to the claimant and for that Registrar General/Office shall do the needful to make necessary arrangement for payment of said sum of Rs.25,000/-to the claimant. The Insurance Company shall deposit the balance sum of award with interest up-to-date by way of cheque drawn in favour of the claimant and the cheque must be deposited with the Member Secretary, JHALSA so that the award may be satisfied on the eve of National Lok Adalat.