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2024 Supreme(Jhk) 388

SANJAY KUMAR DWIVEDI
Laxmi Devi – Appellant
Versus
Jay Prakash Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. Shiwam Lath, A.C. To Mr. Arvind Kr. Lall, Adv.
For the Respondents: Mr. Ajay Kumar Pathak, Adv.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard Mr. Shiwam Lath, learned counsel appearing for the appellant and Mr. Ajay Kumar Pathak, learned counsel appearing for respondent no.3- insurance company.

2. The appellant, being aggrieved with the judgment and award dated 21.09.2015 passed by the learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi in Compensation Case No.86 of 2007, has preferred this miscellaneous appeal.

3. The appellant-claimant has filed the Compensation Case No.86/2007 under Section 166 of Motor Vehicles Act for compensation of Rs.5,00,000/- on account of motor vehicle accidental injuries besides the interest. The claimant's case before the learned Tribunal was that on 29.09.2001, the claimant-Laxmi Devi was travelling by Bus No. BPV-9039 from village Bhandra to Ranchi and the driver of the bus tried to overtake a bus in high speed, as a result of which, it capsized in the left side of road causing grievous injuries to several passengers including the claimant. The injured passengers were immediately rushed to Rajendra Institute of Medical Science (RIMS), Ranchi for their treatment. It was further alleged that due to spinal injuries, the claimant

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