GANGA RAM GOND Vs. BHARAT LAL GOND

JUDGEMENT

(1.) Appellant/claimant Ganga Ram Gond is seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 23-12-2008, passed in Claim Case No. 207/2007. As against the compensation of Rs. 8,35,000/- claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 2-7-2007, the Tribunal awarded a total sum of Rs. 17,700/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(2.) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Ganga Ram Gond sustained injuries in the motor accident on 2-7-2007; the accident occurred due to the negligence of claimant Ganga Ram Gond and the motorcyclist of the motorcycle bearing registration No. C.G. 05/2619; the negligence of the claimant and the motorcyclist was to the extent of 50% each; as Sevan Kumar was the owner of the above motorcycle on the date of the accident, he was liable to pay 50% of the compensation assessed to the claimant.

(3.) The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident and the amount proved to have been spent on treatment, awarded Rs. 20,400/- towards medical expenses; Rs. 5,000/- for pain and suffering; Rs. 5,000/- for special diet and other incidental expenses; and Rs. 5,000/- for loss of income during the period of treatment. The Tribunal, thus, assessed the total compensation at Rs. 35,400/-. As the claimant himself was held responsible for the accident to the extent of 50%, the owner of the motorcycle was directed to pay 50% of Rs. 35,400/-, i.e., Rs. 17,700/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 17,700/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.