A.P. SAWANT Vs. SUNIL KUMAR CHOUDHARY

JUDGEMENT

(1.) Appellant/claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') challenging the impugned award dated 05.03.2013 passed by the 3rd Additional Motor Accident Claims Tribunal, Durg, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Claim Case No.28 of 2012 whereby learned Claims Tribunal allowed the application filed under Section 166 of the M.V. Act in part and calculated total compensation of Rs.1,72,000/-, but awarded Rs.86,000/-, as total compensation after deducting 50% towards contributory negligence in an injury case.

(2.) Facts relevant for disposal of this appeal, are that, on 23.08.2011 appellant who is a doctor was travelling on Santro Car bearing No.CG-07/M/3129 along with his wife who also is a doctor and returning to their house at Supela, Bhilai from District Hospital, Durg. When they reached on Y Shape Overbridge, Raipur Naka at about 8.30 PM, one Tata Sumo bearing No.CG-07/4929 (hereafter referred to as 'offending vehicle') coming from Bhilai towards Durg (from opposite direction) driven by non-applicant No.1 dashed Santro Car driven by appellant and caused accident. In the aforesaid accident, appellant suffered grievous injuries over his left hand, left ribs and both the legs. Accident was reported to concerned Police Station, based upon which, crime was registered against non-applicant No.1 under Sections 279, 337 and 338 of the Indian Penal Code.

(3.) Appellant filed an application under Section 166 of the M.V. Act pleading therein that while he was travelling along with his wife on Santro Car and returning to their home, offending vehicle driven rashly and negligently by non- applicant No.1 dashed Santro Car; he suffered fracture injuries on two ribs, fracture of hip bone and knee bone (left); he took treatment as inpatient at B.S.R. Apollo Hospital, Bhilai from 23.08.2011 to 31.08.2011 and claimed Rs.18,40,297/- as compensation on different heads.