GOURAV KUMAR GUPTA Vs. B. B. APPALRAJU

JUDGEMENT

(1.) Appellant/claimant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'Act of 1988') seeking enhancement of amount of compensation awarded by learned Motor Accident Claims Tribunal, Bastar at Jagdalpur, (CG) (for short, 'the Tribunal') vide award dated 17.06.2014 passed in Claim Case No.235/2011, whereby Tribunal partly allowed application filed under Section 166 of the Act of 1988 and awarded total compensation Rs.3,50,000/- in fatal accident case.

(2.) Facts relevant for disposal of this appeal are that on 05.08.2011, claimant (injured) was going to Bus Stand from Aerodrome on Scooty. When he reached near Warehouse Road, one Trailer bearing registration No.AP-31/X/4949, (for short, 'offending vehicle'), driven by non-applicant No.1 rashly and negligently dashed his scooty and caused accident. In the aforesaid accident, claimant suffered grievous injuries over his right hand and right leg. He was immediately taken to Maharani Hospital, Jagdalpur, but looking to his critical condition, he was referred to Ramkrishna Care Hospital, Raipur, where he remained admitted from 06.08.2011 to 11.09.2011. During the course of treatment, his right leg was amputated from mid thigh. Accident was reported to Police Station- Bodhghat, based upon which crime bearing No.331/11 for the offence under Sections 279, 337 and 338 of Indian Penal Code was registered against non- applicant No.1.

(3.) Appellant/claimant filed an application under Section 166 of the Act of 1988 seeking compensation of Rs.23,50,000/- on different heads pleading therein that on account of motor-accidental injuries his right leg was amputated from mid thigh and he became permanently disabled. He remained admitted in the hospital for about 40 days and incurred medical expenses of Rs.3,85,887/-. The Medical Board issued permanent disability certificate mentioning therein that claimant suffered 80% permanent disability.