MO. WASIM Vs. SHEIKH KABIR QURESHI

JUDGEMENT

(1.) Both these appeals are arising out of the same award dated 28.02.2014 passed by the 4th Additional Motor Accident Claims Tribunal, Raipur (for short, 'Claims Tribunal') in Claim Case-13 of 2011, whereby learned Claims Tribunal allowed application under Section 166 of the Motor Vehicles Act, 1988 in part and awarded Rs.2,09,125/- as total compensation in an injury case.

(2.) Facts relevant for disposal of this appeal are that on 25.11.2009 in between 11-11.30 am, NA1 while driving his Motorcycle bearing No.CG04DL-5103 (hereafter, referred to as offending vehicle) rashly and negligently, dashed another Motorcycle bearing No.CG04CY-6626, driven by Md Vasim and caused accident. In the said accident Md Vasim suffered grievous injuries on his head along with other parts of the body. He was initially taken to Heritage Hospital from where, he was shifted to Balaji Hospital, Raipur. Accident was reported to concerned Police Station, based upon which Crime bearing No.41 of 2010 was registered against NA1.

(3.) After taking treatment from hospital, Claimant/injured filed an application under Section 166 of the Act of 1988 through his legal representative, father, seeking compensation of Rs.25,96,000/- on different heads, pleading therein that on account of motor accidental injuries suffered by him, he went in coma, his brain was operated, he become permanently disabled and treatment is still going on.