MALIK RAM Vs. BAIDURAM MOURYA

JUDGEMENT

(1.) Appellant/claimant has preferred this appeal under Section 173(2) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') challenging the impugned award dated 05.08.2014 passed by the Additional Claims Tribunal (F.T.C.), Bastar at Jagdalpur, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Claim Case No.85 of 2012 whereby learned Claims Tribunal allowed the application filed under Sections 166 (1) and 140(1) of the M.V. Act in part and awarded Rs.1,37,040,/- as total compensation in an injury case.

(2.) Facts relevant for disposal of this appeal, are that, on 12.02.2010, appellant- Malik Ram alias Mohan was travelling on a Maxi Cab Vehicle bearing No.CG-17/ZD/1025 (hereafter referred to as 'offending vehicle') and going to Chitrakot. On the way near village Lamdaguda, non-applicant No.1/driver of offending vehicle drove his vehicle rashly and negligently, met accident with one Auto. In the aforesaid accident, appellant suffered fracture injury over his right femur bone along with other injuries on other parts of his body. Accident was reported to concerned Police Station, based upon which, crime was registered against non-applicant No.1/driver of offending vehicle.

(3.) Appellant filed an application under Sections 166 (1) and 140(1) of the M.V. Act pleading therein that on account of motor vehicular accident, he suffered fracture injury over his right femur bone, he was admitted to hospital for treatment initially from 12.02.2010 to 02.03.2010 and thereafter from 09.04.2010 to 25.06.2010, his leg was shortened and he was facing problem in walking and suffered permanent disability. It was further pleaded that prior to the date of accident, he was working as Hamal (Loader) and earning Rs.150- per day, but due to disability suffered by him, he is unable to work and earn for his livelihood and claimed Rs.9,03,000/- as total compensation on different heads.