CHIEF MUNICIPAL OFFICER Vs. SUKH CHAND DHIMAR

JUDGEMENT

(1.) Correctness and sustainability of the award dated 16.02.2015 passed by the 7th Additional Motor Accident Claims Tribunal, Durg (for short, 'Claims Tribunal') in Claim Case-110 of 2013 is put to challenge in this appeal, whereby learned Claims Tribunal allowed application of claimant in part and awarded Rs.2,72,813/- as total compensation in an injury case.

(2.) Facts relevant for disposal of this appeal are that on 06.04.2012, Sukhchand Dheemar was working as a labourer in under construction accommodation of one Banwari Sharma. At 11.30 pm the Tractor Water Tanker of NA2 bearing No CG 07 B 3202 (hereafter, referred to as 'offending vehicle') came there and NA1, Driver of offending vehicle called Sukhchand Dheemar and asked him to remove attachment of Tractor with Trolley. When Sukhchand Dheemar was removing the attachment/connecting rod of Tractor, NA1 drove the vehicle rashly and negligently, due to which the connecting rod fell over the right leg of Sukhchand Dheemar, as a result he suffered grievous injury on his right leg. He was immediately taken to the Primary Health Centre, Patan, District Durg, from where he was referred to District Hospital, Durg. The family members of Sukhchand Dheemar took him to Gayatri Hospital, Raipur, where during the course of treatment, four toes of his right foot except the little toe were amputated. Accident was reported to Police Station Patan, based upon which Crime No.118 of 2012 was registered for offences punishable under Sections 279, 337 and 338 of IPC against NA1, driver of offending vehicle.

(3.) Sukhchand Dheemar filed an application under Section 166 of the Motor Vehicle Act, 1988 seeking compensation of Rs.9,58,000/- pleading therein that prior to the date of accident, he was working as labourer and earning Rs.150/- per day. On account of motor accidental injuries, he has suffered permanent disability on his right leg and is unable to do the work of labourer.