DEEPAK KUMAR MANIKPURI Vs. B.N. SHRI NIVASH

JUDGEMENT

(1.) Both these appeals are arising out of award dated 26.08.2014 passed by learned 2nd Additional Motor Accident Claims Tribunal, Raipur, Chhattisgarh in claim case no. 132/2013, hence, both these appeals are being disposed of by this common order.

(2.) MAC No. 1115/2014 has been filed by the appellant-claimant seeking enhancement of the amount of compensation whereas MAC No. 1204/2014 has been filed by the Insurance Company challenging the impugned award on the ground of maintainability of claim application under Section 163-A of the Motor Vehicles Act, 1988 (for short "Act of 1988") and finding recorded by Claims Tribunal with regard to fastening liability upon the Insurance Company.

(3.) Facts relevant for disposal of these appeals are that on 20.12.2008 when Deepak Kumar Manikpuri was driving Maruti Van bearing registration no. CG 04HA 2876 (henceforth "offending vehicle") owned by non-applicant 1, going to Raipur from Bhilai, reached at intersection road near Khursipar Dabrapara at GE Road at that relevant time one another vehicle suddenly came from the front side and dashed the Maruti Van driven by Deepak Manikpuri. In the said accident, Deepak Manikpuri suffered grievous injuries, during the course of treatment his left leg was amputated below knee joint. He suffered injury over his jaw and lost his teeth. Deepak took treatment at Sector 9 Hospital Bhilai, thereafter, he was referred to Dr. Kadla Nursing Home, Raipur for his treatment. Accident was reported to concerned police station based upon which crime bearing no. 316/2008 was registered against unknown vehicle.