DEVKUMAR Vs. MAHESH THAKUR

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 173 of the Motor Vehicle Act, 1988 (for short, "the Act 1988") challenging the impugned award dated 2-2-2009 passed by Chief Motor Accident Claims Tribunal (for short, "the Tribunal"), Mahasamund in Claim Case No. 77 of 2008, whereby the claim petition of the present appellant was dismissed.

(2.) Brief facts of the case, in short, are that on 7-1- 2008 at about 3.00 p.m., appellant along with one another person was going to his home at Mahasamund from Khairabhatta on his motorcycle and when he reached near Gayatri Mandir (Sitli Nala), one Mini Bus bearing registration No. CG 06 ZA 0156 driven by respondent No.1 in a rash and negligent manner, dashed the vehicle of the appellant from opposite side as a result of which he sustained grievous injuries and his tibia fibula bone was fractured. The offending vehicle was owned by respondent No.2 and insured with respondent No.3. The appellant was taken to District Hospital, Mahasamund where from he was referred to Mekahara Hospital, Raipur and he was admitted there from 7-1-2008 to 30-1-2008. The appellant producing disability certificate (Ex.P/41) issued by medical board Mahasamund claimed compensation of Rs.1,98,000/- against the respondent. The disability certificate shows 60% temporary disability.

(3.) Learned Tribunal after taking into consideration the entire evidence, assessed an amount of Rs. 35,883/- as compensation to the appellant but dismissed his claim on the ground that the said motor accident occurred due to negligence on the part of the appellant as he was driving his motor-cycle in a drunken condition.