RAMPRASAD ALIAS RAMU Vs. GANESH SAHU

JUDGEMENT

(1.) Heard.

(2.) The appellant-claimant has filed this miscellaneous appeal under Section 173 of the Motor Vehicles Act. 1988 (for short 'the Act') against the award dated 28.3.2005 passed in Claim Case No.42/2004 whereby the learned 9th Additional Motor Accident Claims Tribunal, FTC, Raipur (for short 'the Claims Tribunal') has dismissed the claim application of the appellant herein.

(3.) Facts of the case, in brief, are that the appellant-claimant was engaged as 'Cleaner/Helper' in the vehicle bearing registration number CG08-ZB-0190. On 24.8.2003 he was coming to Rajnandgaon from Badsa (Maharashtra) and at about 10.00 p.m. when they reached near Tumdibeda, the said vehicle dashed a stationed vehicle parked beside the road as a result the appellant sustained grievous injuries on his hands, ribs, face & head. Report of the accident was lodged in the Police Station Lalbagh, District Rajnandgaon. He was admitted in the hospital and during treatment his leg below the knee was amputated. The appellant-claimant had filed a claim application seeking compensation to the tune of Rs. 17,25,000/- on the ground that due to amputation of his leg, he has sustained loss of earning capacity and therefore he is entitled to receive the aforesaid amount as compensation.