Indian Kanoon - Search engine for Indian Law

Thus, caused the accident, as a result, he sustained a crush injury on his right leg besides sustained injuries all over his body and he was shifted to the hospital for treatment. The matter was reported to the Police alleging that the accident took place as a result of rash and negligent driving of the said tractor and trailer and based on the F.I.R lodged by the driver of the R.T.C bus, a case in Crime No.35 of 2003 was registered for the offence under Sections 337 & 338 I.P.C. After investigation of the case, a charge sheet was submitted against the accused- driver of the offending vehicle for having committed offence punishable under Sections 337 and 338 I.P.C. Thereafter, the injured filed an application claiming compensation of Rs.6,00,000/- before the Tribunal on account of the injuries i.e., for Amputation of the right leg above the knee sustained by him in the road accident, against the 1st and 2nd respondents who are the insured and the insurer respectively of the offending vehicle.

(4) To what relief?

(d) In order to establish the claim of the petitioner, at the time of enquiry, P.Ws.1 and 2 were examined and Exs.A.1 to A.6 and X.1 were got marked. The Assistant Administrative Officer of the Insurance Company (R.2) was examined as R.W.1 and Ex.B.1 was marked on behalf of the 2nd respondent.

(e) Appreciating the evidence of P.Ws.1 and 2 and placing reliance upon Exs.A.1 to A.6 and X.1, the certified copies of F.I.R., Wound Certificate, Charge Sheet, Calender and Judgment in C.C.405 of 2003, Disability Certificate, Bunch of Medical Bills and Case Sheet respectively the learned Tribunal was of the view that the accident in the instant case was due to rash and negligent driving of the offending vehicle. Apart from that, the driver of the offending vehicle made a confession the accident occurred due to his rash and negligent driving. The driver of the offending vehicle was convicted and sentenced for the offence under Sections 337 & 338 IPC and was sentenced to pay fines of Rs.300/- and 600/- respectively, in default of payment of the fine amount to undergo simple imprisonment for 15 days and one month respectively for the offence committed.