LAWS(CHH)-2020-8-19

GOPI SAHU Vs. UMESH KUMAR SAHU

Decided On August 05, 2020
Gopi Sahu Appellant
V/S
Umesh Kumar Sahu Respondents

JUDGEMENT

(1.) Inadequacy of the compensation awarded by the Chief Motor Accident Claim Tribunal, Dhamtari, District - Dhamtari (hereinafter referred as 'the Tribunal') in Claim Case No.85/2013, in respect of the serious injuries and the disability suffered by the Appellant in a 'Road Traffic Accident' is projected as the grievance in this appeal.

(2.) On 25.06.2009, the Appellant, who was a minor student aged 14 years, was standing near the place of occurrence, when the Tractor-Trolley bearing registration No. CG/05/G/1568, driven by the 1 st Respondent, owned by the 2nd Respondent and insured by the 3rd Respondent, knocked him down causing serious injuries to different parts of his body, including fracture to the right hand.

(3.) It is the case of the Appellant that he had remained for more than one month in the Hospital. Even after discharge, he was finding difficulty to pursue his studies because of the serious consequences resulted. It is stated that the injuries caused 30% permanent disability as per Exhibit P-17 Disability Certificate and in the said circumstances, it was sought to be compensated by filing the claim petition before the Tribunal.