SANDEEP PANDEY Vs. RAMESHWAR KASHYAP

JUDGEMENT

(1.) Appellant/claimant has preferred this appeal under Section 173 of the the Motor Vehicles Act 1988 challenging the impugned award dated 18.02.2014 passed by the Motor Accident Claims Tribunal, Bastar at Jagdalpur (for short, 'Claims Tribunal') in Claim Case-150 of 2011 whereby learned Claims Tribunal allowed the application under Section 166 in part and awarded Rs.5,20,600/- as compensation in an injury case.

(2.) Facts relevant for disposal of this appeal are that on 10.10.2008 at about 11 pm, Sandeep Pandey was travelling on motorcycle of his friend Tilak Panigrahi bearing No.CG 17E 2143 and going to Bastar. When they reached near village Metavada, one motorcycle bearing No.CG17K-5108 (for short, 'offending vehicle') coming from opposite direction dashed the motorcycle of Sandeep Pandey and caused accident. In the said accident, he suffered grievous injury over his right knee, waist, face and other parts of the body. He was taken to Maharani Hospital, Jagdalpur and accident was reported to concerned Police Station. He underwent operation of his waist but looking to the grievousness of the injuries, he was referred to higher hospital. Injured was taken to Seven Hills Hospital, Visakhapatnam, where he took treatment as inpatient and underwent operation thrice on 14.10.2008, 16.10.2008 and 20.10.2008. Even after several operations, his knee injury could not be cured for which he took treatment at Secunderabad also, where he underwent knee replacement surgery.

(3.) Thereafter, injured filed an application under Section 166 of the Act, 1988 seeking compensation of Rs.38,59,400/- on various heads, pleading therein that on the date of accident, he was aged about 32 years working with M/s BR Kapur, Geedam Road, Jagdalpur as Field Supervisor and earning Rs.8,600/- per month. After the accidental injuries suffered by him, he became permanently disabled and unable to do the work and further he became dependant upon others for his daily routine work.