PRABHAT KUMAR Vs. DEVI SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the award dtd. 31/7/2013 passed by the Additional Motor Accident Claims Tribunal, Khairagarh, District Rajnandgaon, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case No.47 of 2009 whereby learned Claims Tribunal dismissed the claim application holding that the accident is on account of sole negligence of the appellant/claimant and directed that non-applicant No.2-Insurance Company will be entitled to recover the amount of Rs.25,000.00 deposited by it to be paid to the appellant towards 'no fault liability'.

(2.) Facts of the case in nutshell, are that, on 7/5/2008 at about 3.15 pm, appellant was travelling on a motorcycle bearing registration No.CG07/LK/0823, owned by his friendcum-relative, namely, Jagannath Yadav and going to Golbazar of Khairagarh from Civil Lines. While so, another motorcycle bearing registration No.CG08/H/7240 driven by non-applicant No.1 coming from old bus stand, dashed his motorcycle in front of Pushpak Auto Sale. In the aforementioned accident, appellant suffered injuries over his forehead, nose, lips, chin, left elbow, left knee and left foot. The accident was reported to concerned Police Station, based on which, Crime No.135 of 2008 was registered against non-applicant No.1.

(3.) The appellant was taken to Primary Health Centre, Khairagarh, but looking to the grievousness of his injuries, he was discharged from hospital and thereafter, he took treatment at Gayatri Hospital, Durg till 16/5/2008. He undergone operation of thumb of his left foot, due to the injuries suffered by him, he has to take bed rest for three months.