MANA SINGH Vs. VIJAY @ LOVEKUSH KUMAR

JUDGEMENT

(1.) Since, both the appeals are barred by limitation, applications (I.A. No. 1) for condonation of delay in filing the appeals have been filed.

(2.) The claimant injured has filed M.A. (C) No. 803/2010 for enhancement of the amount of compensation granted vide impugned award dated 29-1-2010 passed by the First Additional Motor Accident Claims Tribunal, Jagdalpur, Bastar in Claim Case No. 85/2008 whereas the insurer has preferred M.A. (C). No. 928/2010 challenging the involvement of the vehicle in question as well as the quantum fixed by the Tribunal.

(3.) Brief facts of the case as per the version of claimants are that on 18-3-2008 claimant Mana Singh who was employed as conductor (helper) in the Truck bearing No. C.G. 13-A/8496 had gone to Hira Cement Factory, Pandaripani alongwith the driver namely Vijay (non-applicant no. 1) in the said, Truck. At Heera Cement Factory, the driver of the Truck was required to reverse the vehicle, therefore, he asked the conductor to get down the truck and show him side from back side. Accordingly, while showing the side by the conductor, the driver in rash and negligent manner suddenly drove back the Truck and dashed Mana Singh who sustained grievous injuries on his hand, legs, head, chest and other parts of the body. Soon after the incident the injured was admitted in M.P.M. Hospital, Jagdalpur. He was given treatment as indoor patient from 18-3-2008 to 7-4-2008 due to fracture of bone on left pelvis region with bladder injury and an operation was conducted on him. At the time of accident, the claimant was aged about 19 years and was earning Rs. 4000/- per month by working as conductor (helper) in the said Truck. As a consequence of the injuries sustained in the said accident, the claimant has completely become unemployed due to permanent disability caused to him. Therefore, the injured filed claim petition for awarding compensation to the tune of Rs. 13 lakhs on various heads.