JOHITRAM YADAV Vs. YOGENDRA SINGH THAKUR

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act has been filed against the award of Motor Accident Claims Tribunal (FTC), Bilaspur, dated 29th June, 2007 passed in Claim Case No.31/06, dismissing the claim petition filed under Section 163A of the Motor Vehicles Act (in short "the Act"), inter alia, on the ground that the injured/claimant, who was driving the vehicle-jeep, was himself negligent.

(2.) Brief facts of the case are that on the date of incident 21.4.2003 the appellant was coming back from Nawagarh by driving Jeep No. CG 10 ZD/1541. When he reached near main road, Sambalpur, as there was high slope nalla and turning, due to failure of brake of the jeep, it got uncontrolled and turned turtle, as a result of which the persons, including the appellant-driver, traveling in the jeep sustained grievous injuries. Report of the accident was lodged in the Police Station : Nawagarh, whereupon offence was registered against the appellant and charge sheet was filed against him before the Court at Durg. Due to this accident, the appellant sustained grievous injuries over head, waist and other parts of the body. The appellant remained hospitalized from 24.4.2003 to 22.5.2003. However, even after treatment, he is not able to move without support. Rs. 1,50,000/- has been spent on his treatment and in future also, he is required to incur expenses for treatment. The appellant was a skilled driver and thereby earning Rs.40,000/- per year. Since on account of the unfortunate accident, he has been permanently disabled, therefore, a total compensation of Rs.17 lakhs was claimed.

(3.) Heard learned counsel for the parties and perused the impugned award.