The main legal point established in the judgment is the assessment of compensation for permanent disability under the Motor Vehicles Act, considering the impact on the claimant's earning capacity and vocation.

JUDGMENT :

The present miscellaneous appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 challenging the award of compensation dated 19.05.2017 passed by learned Motor Accidents Claim Tribunal-cum-District & Additional Sessions Judge-IV, Dumka in Motor Accident Claims Case No. 84/2014, whereby and whereunder the appellant – Insurance Company has been directed to pay compensation amount of Rs.3,45,000/- along with interest @ 6% per annum as compensation to the claimant / injured Meera Devi.

2. Factual matrix giving rise to this appeal is that one Meera Devi, aged about 42 years was returning to her home after selling vegetables and reached near Hansdiha-Godda main road on 26.03.2014 at about 3:00 P.M. meanwhile, a Bolero Vehicle bearing registration no. JH-09P-1393, being driven in rash and negligent manner by its driver dashed her, causing severe injuries on her head and waist and she became unconscious. She was brought to Saraiyahat Hospital, from where she was referred to higher center and got her further treatment at Jawahar Lal Nehru Medical College, Bhagalpur and after long treatment, she cannot recover from her injuries and permanent Disability Certificate was issued by Civil Surgeon, Dumka showing 40% permanent disability (Pmt. Trochlea deficiencies right lower limb. It is alleged that claimant was engaged in vegetable selling and earning Rs.200/- per day and due to accident, she has lost her job and claimed Rs. 3 lakhs as compensation.

3. Upon service of summons, the owner of the offending vehicle and the United India Insurance Company Limited (appellant) appeared and filed their respective written statements.

4. It appears that on the basis of pleadings of parties, following issues were settled for adjudication:-

(i) Whether the claim case is maintainable in its present form or not?

(ii) Whether the claimant has got valid cause of action to file the suit?

(iii) Whether the vehicle bearing registration no. JH-09P/1393 was insured with United India Insurance Company Ltd. Bokaro on the alleged date of occurrence?

(iv) Whether at the time of occurrence vehicle No. JH-09P/1393 as driven by the driver rashly and negligently, causing injury to the sister of informant namely Meera Devi?

(v) Whether the claimant is entitled to get compensation U/s 166 of M.V. Act as mentioned in claim case?

(vi) Whether the claimant is entitled to get relief or reliefs as claimed for?

5. On behalf of claimants following documents have been marked exhibit in this case:-

(i) Exhibit-1:- C.C. of F.I.R. of Saraiyahat P.S. Case No. 50/2014.

(ii) Exhibit-2:- C.C. of Charge Sheet of Saraiyahat P.S. Case No. 50/2014.

(iii) Exhibit-3:- Original disablement certificate of Medical Board.

(iv) Exhibit-4 to 4/3:- Original Ultra Sound Report, X-ray report and two discharge slips of J.L.N. Medical College Hospital, Bhagalpur.

Mark for identification:-

(i) ‘X’ : Photo copy of certificate of registration.

(ii) ‘X/1’ : Photo copy of Driving License.

(iii) ‘X/2’ : Photo copy of Insurance Certificate.

(iv) ‘X/3’ : Photo copy of injury report of injured Meera Devi.

6. On behalf of claimant, three witnesses have been examined and on behalf of defendants neither oral nor documentary evidence has been adduced.

7. After considering oral as well as documentary evidence available on record, the learned Tribunal has awarded compensation to the tune of Rs.3,45,000/- as depicted in the following chart:-