M.Y. Eqbal, J. - (1.) -This appeal by the claimant-appellant is directed against the judgment and award dated 3/10/2008 passed by Motor Accidents Claims Tribunal, Lohardaga in Compensation Case No. 106 of 2000 whereby the claim application filed by the claimant for grant of compensation for the injuries sustained by him in motor vehicle accident has been dismissed.
(2.) Claimant-appellant was travelling in a reserved bus from Ranchi to Lohardaga. It was alleged that the bus was being driven in a very rash and negligent manner which resulted in accident causing severe injury to the person of the appellant. According to the claimant, at the time of accident his monthly income was Rs. 2,000 in addition to Rs. 1,500 from selling vegetables in the market. Because of the injury in his hand, he has been deprived of from doing any work by the said hand and there is 70 per cent disablement. In support of his claim, the appellant filed certified copy of F.I.R., certified copy of charge-sheet, certified copy of judgment of criminal case against the driver of the vehicle and certified copy of injury report, permanent disablement certificate issued by Chief Medical Officer, Lohardaga. The claimant also examined himself as a witness. In addition to that PW 2 was examined who supported the case of the claimant saying that in the said accident, right hand of the claimant has become disabled permanently. PW 3 is another witness, who also sustained injury in the said accident. He also supported the case of the claimant. In spite of these evidence, the Tribunal dismissed the claim case on the ground that the examination of the doctor who ascertained the injury was essential. For better appreciation, the findings recorded by the Tribunal in para 7 of the judgment is reproduced herein below: "Evaluating the oral evidence coupled with the documentary evidence filed by the claimant, I find that the claimant was travelling by the offending bus, namely, Niraj Bus on the date of occurrence along with a barati from Ranchi to Lohardaga and the driver of the bus was running rashly and negligently, and for such negligence the driver, namely, Fakira Sao was convicted and injury report, Exh. 4, goes to show that claimant has sustained grievous injury on his right hand due to the accident and Exh. 5 which is the permanent disablement certificate issued by the C.M.O., Lohardaga, goes to show that claimant has sustained 70 per cent permanent disablement and such document has been formally marked. From the perusal of case record, I find that on the prayer of the claimant dasti summon was issued to the claimant for the production of the doctor who had examined the claimant but he failed to produce the doctor for his evidence. And it is settled principle of law that to ascertain of the permanent injury and also for the nature and percentage of the permanent injury examination of the doctor is essential who has examined or treated the claimant. On this point, I find that claimant has not been able to establish by the medical evidence to the fact that how much per cent of permanent disablement he had sustained and such injury has taken place due to the said accident. Having regard to the above facts I find and hold that claimant has not been able to establish that he has sustained permanent disablement due to the said accident and the percentage of his disablement and thus the claimant has no valid cause of action for the suit and the suit as framed is not maintainable and thus there is no necessity to grant any compensation to the claimant. Accordingly, all the issues are being decided against the claimant."
(3.) Before constitution of Motor Accidents Claims Tribunal under the Motor Vehicles Act for the grant of compensation, in case of death or fatal injury, was governed by the Fatal Accidents Act for which suit was to be filed. Because of the increase in the number of vehicles and also increase in the number of accidents, the motor Accidents Claims Tribunal has been constituted to impart speedy justice to the dependants or a breadwinner who died in a motor accident. Section 169 of the Act lays down the procedure and power of the claims Tribunal, which reads as under: "169. Procedure and powers of Claims Tribunals.-(1) In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit. (2) The Claims Tribunal shall have all the powers of a civil court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed, and the Claims Tribunal shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). (3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist it in holding the inquiry.";