LAWS(CHH)-2021-2-84

JAGANNATH PRASAD SHUKLA Vs. MUNSHI GOLAM SHAIFUDDIN

Decided On February 01, 2021
Jagannath Prasad Shukla Appellant
V/S
Munshi Golam Shaifuddin Respondents

JUDGEMENT

(1.) Appellant/Claimant has preferred this appeal under Section 173 of the Motor Vehicle Act, 1988 challenging the impugned award dated 04.12.2014 passed by the Motor Accident Claims Tribunal, Korba (for short, 'Claims Tribunal') in Claim Case- 16 of 2013, whereby learned Claims Tribunal allowed the application under Section 166 of the Act of 1988 and awarded Rs.36,240/- as total compensation in an injury case.

(2.) Facts relevant for disposal of this appeal are that on 23.11.2007 at about 9.30 when appellant was standing on side of the Road, NA1 while driving Motorcycle bearing No.CG 12G-5035 (for short, 'offending vehicle') rashly and negligently, dashed the appellant from his back. In the said accident, appellant suffered grievous injuries over his right leg, head and other parts of the body. He was immediately taken to the hospital, where he underwent operation.

(3.) Appellant filed application under Section 166 of the Act of 1988 seeking compensation of Rs.7,06,448/- pleading therein that on account of motor accidental injuries suffered by him, he suffered compound fracture over his right leg, he underwent operation and steel rod was implanted. He suffered permanent disability on his right leg. He is unable to walk without any support/crutches.