RAMKUNWAR NISHAD Vs. MADHUSUDAN MAHOBIYA

JUDGEMENT

(1.) Challenge in this appeal is to the award dated 21.11.2014 passed by learned Additional Motor Accident Claims Tribunal, Khairagarh, DistrictRajnandgaon, Chhattisgarh in claim case no. 70/2013, whereby learned Claims Tribunal allowed the application filed under Section 166 of the Motor Vehicles Act, 1988 (for short Act of 1988) and awarded Rs. 52,800/- as total compensation in an injury case.

(2.) Facts relevant for disposal of this appeal are that, on 02.04.2013, appellant/ claimant was travelling on a bus bearing registration number CG08M0206 (henceforth offending bus) as a fare paying passenger and going to Dongargarh from village Baihatola. On the way, due to rash and negligent driving of offending bus by non-applicant 1/ respondent 1, it turned turtle and met with an accident. In the accident, appellant suffered fracture injury on her right hand and injuries on different parts of body including her face. Other passengers of the bus also suffered injuries. Appellant filed an application under Section 166 of the Act of 1988 seeking compensation of Rs.14,00,000/- pleading therein that on the date of accident, she was working as labourer and earning Rs. 6,000/- per month, on account of motor accidental injuries, she became permanently disabled and is not able to do work as labourer.

(3.) Non-applicants 1 and 2 who are driver and owner of offending bus were proceeded ex parte.