CHAIN SINGH, Vs. SHRI RAM,

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the Driver and Owner of the vehicle in question under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988'), questioning the legality and propriety of the award dated 18.09.2014 passed by the Additional Motor Accident Claims Tribunal, Kabirdham (C.G.) in Claim Case No.54/2014, whereby the learned Tribunal while allowing the claim in part has awarded the total amount of compensation to the tune of Rs.1,60,000/- with 8% interest per annum from the date of filing of the claim petition till the date of actual payment. The parties to this appeal shall be referred hereinafter as per their description before the Tribunal.

(2.) Briefly stated the facts of the case are that on 08.04.2012 at about 05:30 pm, the Claimant Shriram was returning by his motorcycle to his village Paliguda from the Village Sonpur-via-Kawardha and was dashed vehemently from his back side when he reached near the Village Bhagutola by the offending vehicle 'Tractor' bearing Registration No.CG-07-ZA-2034 owned by Non-Applicant No.2/Chain Singh. At the relevant time, it was being driven in a rash and negligent manner by its driver, Bhagwat Sahu/Non-Applicant No.1, owing to which, the alleged accident occurred and the Claimant has sustained multiple serious injuries and was admitted into the Government Hospital at Kawardha from where, he was referred to Narayana Hospital at Raipur and was admitted there for 18 days for his treatment. A criminal case was registered by the Police Station Kawardha against the driver of the alleged offending vehicle in connection with Crime No.142/2012 and after its investigation, a charge-sheet was submitted before the Chief Judicial Magistrate, Kabirdham against the driver of it under Sections 279, 337 and 338 of the Indian Penal Code, 1860 along with Section 146/196 of the Act of 1988, giving rise to the institution of the claim petition by the Claimant under Section 166 of the Act of 1988. In the claim petition, a total amount of compensation to the tune of Rs.3,38,000/- has been claimed by submitting inter alia that owing to the alleged accident, he suffered grievous injuries and was admitted into the Hospital for a period of 18 days for his treatment.

(3.) While disputing the factum of alleged accident with the offending vehicle, it is pleaded by the Non-Applicants that the Claimant himself was responsible for the alleged accident, as he was driving his motorcycle in a drunken condition and dashed with some unknown vehicle while losing his control over it. The claim petition is, therefore, liable to be dismissed.