KAMDEV BARLE Vs. ASIF HUSSAIN

JUDGEMENT

(1.) Appellant - Kamdev Barle is seeking enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal'. vide award dated 30.07.2002, passed in Claim Case No.03/2002.

(2.) As against the compensation of Rs.4,60,000/- claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 11.06.2001, the Tribunal awarded a total sum of Rs.49,080/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Kamdev Barle sustained multiple serious injuries including fractures in the motor accident on 11.06.2001; the injuries and fractures sustained by the claimant in the motor accident resulted in permanent disability to the extent of 50%; the scooterist of the scooter on which the claimant was travelling as a pillion- rider and the driver of the other vehicle Car bearing registration No. M.P. 23L-7667 equally contributed to the accident; as the above offending vehicle Car on the date of the accident was insured with the National Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay 50% of the compensation assessed to the claimant.