KHITI SAHU Vs. YASHWANT KUMAR SAHU

JUDGEMENT

(1.) THIS appeal, filed by the appellant, arises from the impugned award dated 30th April, 2007, passed by the First Additional Motor Accident Claims Tribunal, Mahasamund in Claim Case No. 10/1996, awarding a total sum of Rs. 4,70,000/- to the claimant, fixing the liability on the appellant, herein.

(2.) THE, brief facts, in nutshell, are that the injured/claimant Yashwant Kumar Sahu was working as a Tractor Mechanic in the vehicle repairing workshop of the appellant/Non-applicant No.1. On 19.9.1995 Non-applicant No.2 (owner of the tractor) came to the work-shop of Non-applicant No.1 and requested to get his tractor repaired which is standing at Basna near Prakash Medical Stores. THErefore, on the instructions of Non-applicant No.1, the injured/claimant went to the spot and started repairing the tractor. During the course of repairing the tractor, the jack on which the vehicle was resting got slipped and thereby tractor-trolley fell down on the body of the injured/claimant. In that accident the backbone of the injured/claimant fractured and he also received grievous injuries on his waist, causing him permanent disability.

(3.) WE have heard learned counsel appearing for the parties, perused the impugned award and the papers available on record.