SUNARAM YADAV Vs. AABID RAZA

JUDGEMENT

(1.) Challenge in this appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short Act of 1988) is to the award dated 15.12.2014 passed by learned Chief Motor Accident Claims Tribunal, Dhamtari, Dist. Dhamtari in claim case no. 154/2012 whereby learned Claims Tribunal allowed application filed under Section 166 of the Act of 1988, awarded Rs. 81,140/- as total compensation in an injury case.

(2.) Facts relevant for disposal of this appeal are that, on 10.04.2012, appellant/ claimant was traveling from village Banrod to Nagri on a Maruti Van bearing registration no. CG04HA1171 (hence forth offending vehicle), driven by non-applicant 1, owned by non-applicant 2. When they reached near village Palwadi, offending vehicle met with an accident with a tree standing on road side due to rash and negligent driving of non-applicant 1/ driver of offending vehicle. In the aforementioned accident, appellant suffered grievous injuries over his person, he was taken to Mission Hospital, Dhamtari, from where he was shifted to Visharad Hospital, Raipur. Accident was reported to concerned police station based on which crime 05/2012 was registered against non-applicant 1.

(3.) Appellant/ claimant filed an application under Section 166 of the Act of 1988 pleading therein that in motor accident, he suffered two fracture injuries over his right leg, he took treatment as in-patient at Visharad hospital from 10.04.2012 to 20.04.2012. On the date of accident, he was aged about 50 years and earning Rs. 8,000/- per month as Carpenter. Even after taking treatment from hospital, injury suffered by him could not curred fully and he suffered permanent disability. On account of permanent disability, he is unable to earn his livelihood and claimed Rs. 10,00,000/- (Rupees: Ten Lacs) as total compensation.