CHUNNILAL Vs. PRADEEP BACHHAD

JUDGEMENT

(1.) APPELLANT /claimant is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Balod, district Durg (for short 'the Tribunal') vide award dated 22.04.2008, passed in Claim Case No. 48/2006. As against the compensation of Rs. 5,26,000/ - claimed by the appellant/claimant by filling a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 27.10.2005, the Tribunal awarded a total sum of Rs. 1,07,000/ - as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(2.) THE tribunal on a close scrutiny of the entire evidence led before it held the Oriental Insurance Company Limited, the insurer of the offending vehicle Bolero bearing registration No. C.G. 19D/0168 liable to pay compensation to the claimant.

(3.) THE Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident awarded Rs. 1,00,000/ - towards permanent disability to the extent of 30%; Rs. 5,000/ - for pain and suffering; Rs. 1,000/ - for special diet and Rs. 1,000/ - for damage to the claimant's scooter. The Tribunal did not award any sum towards medical expenses as the claimant did not produce any bill or voucher before the Tribunal to establish the amount spent on treatment. The Tribunal, thus, awarded a total sum of Rs. 1,07,000/ - as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,07,000/ -@ 6% per annum from the date of filling of the claim till the date of actual payment.