SANTOSH PANDEY @ GOLU Vs. YANUL ANSARI

JUDGEMENT

(1.) Appellant/ claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short Act of 1988) seeking enhancement of amount of compensation of the award dated 03.12.2014 by 2nd Additional Motor Accident Claims Tribunal, Ambikapur, Dist. Surguja, Chhattisgarh in claim case no. 183/2013, whereby learned Claims Tribunal allowed the application filed under Section 166 of the Act and awarded Rs. 2,57,854/- as total compensation in an injury case.

(2.) Facts relevant for disposal of this appeal are that, on 31.08.2012, Santosh Pandey alias Golu was travelling on a bus bearing registration no. CG15A9533 (hereinafter referred to as offending Bus) and going to his duty. At about 6:30 a.m., when offending bus reached near village Karji Chargarh turn, some of the documents of the appellant fell down from the bus. After stopping the bus, he got off from the bus and started picking up his documents, while so, driver of the offending bus rashly and negligently reversed the bus and caused accident to appellant. In the said accident, appellant suffered fracture injury over his person on his right leg, hip, right hand apart from other injuries. After the accident, he was immediately taken to Primary Health Centre, Rajpur, from where he was referred to Ambikapur. Looking to the nature of injuries, he was taken to Hospital of Orthopedic Specialist, Dr. Sanjay Tripathi, from where he was again referred to Hospital of Dr. R.S. Dheer, Orthopedic Specialist, Bilaspur. He took treatment initially from 31.08.2012 to 21.09.2012, as in-patient.

(3.) Appellant filed an application under Section 166 of the Act of 1988 seeking compensation of Rs. 8,95,732/- on different heads pleading therein that on account of motor accidental injuries, he took treatment as in-patient in Hospital at Bilaspur, and after discharge, he was again admitted to Hospital and underwent operation of his right leg and waist. Then again, he was admitted to hospital after one month where he again undergone surgery of his right leg. Some more operation is required to be done and he is continuously visiting Bilaspur for his treatment. He is not able to perform his regular and daily work on account of disability suffered by him due to motor accidental injuries. He could not able to sit on two-wheeler.