- (1.) 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 chargesheet against said Chandra Kant Jha @ Shashi Kant Jha in said Argora P.S. Case No. 125/1999.;