UMESHCHAND SHARMA Vs. NASEER KHAN

JUDGEMENT

(1.) Claimant/appellant has filed this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') seeking enhancement of compensation awarded by the learned st Additional Motor Accident Claims Tribunal, Sakti, District Janjgir Champa (for short 'the Claims Tribunal') vide award dtd. 3/3/2015 passed in Claim Case No.32/13 thereby allowing claim application in part and awarding Rs.3,20,803.00 as compensation in an injury case.

(2.) Facts relevant for disposal of this appeal, in brief, are that on 28/10/2011 appellant along with other passengers was travelling on bus bearing registration number CG10-ZA-0171 (for short 'offending vehicle'), driven by non-applicant No.1 and owned by non-applicant No.2. When offending vehicle reached in front of house of one Rajesh Kesharwani, it overturned and met with an accident. In the aforementioned accident, appellant along with other persons by name Tulsiram Sahu, Atmaram Patel, Fotobai, Khamhan, Dukalu, Rambai etc. suffered injuries. Appellant suffered grievous injuries on his spinal bone. Accident was reported to concerned police station based on which crime was registered against non-applicant No.1.

(3.) Claimant-appellant filed an application under Sec. 166 of the Act of 1988 seeking compensation on the ground that in the aforementioned accident, he suffered fracture on his back bone and even after taking continuous treatment from hospitals situated at Bilaspur (CG) & Vellore (Andhra Pradesh), he has suffered permanent disability on both his lower limbs. It was further pleaded that claimant suffered paraplegia and his movements are restricted, as a result he is unable to do his daily routine works without help of someone else.