LAWS(CHH)-2023-5-37

LAXMAN YADAV Vs. BHARATLAL YADAV

Decided On May 01, 2023
Laxman Yadav Appellant
V/S
Bharatlal Yadav Respondents

JUDGEMENT

(1.) Being aggrieved by the award passed by the 4th Additional Motor Accident Claims Tribunal, Bilaspur, District - Bilaspur (C.G.) (in short 'Tribunal') dtd. 26/8/2017 in Claim Case No.399/2016, this appeal has been preferred by the appellant/claimant. The learned Tribunal in its order has awarded compensation of Rs.95,200.00 in favour of the appellant/claimant. Hence, this appeal has been preferred for enhancement.

(2.) Facts of the case in brief is that on 7/4/2016, appellant/claimant namely Laxman Yadav was coming to Akaltara with his friend Bihari Yadav on a motorcycle. When they reached near village Parsahi, respondent No.1 ' Bharatlal Yadav who was driving a trailer bearing registration No.CG-11-AB-3110 (ofending vehicle) in a rash and negligent manner dashed the appellant and his friend Bihari Yadav due to which the appellant and his friend sustained grievous injuries. The appellant and his friend both were admitted in Mundra Hospital, Bilaspur for treatment.

(3.) Thereafter, the appellant/claimant fled a claim petition before the Claims Tribunal under Sec. 166 of Motor Vehicles Act, 1988 claiming compensation of Rs.9,20,000.00. After recording of the evidence and after appreciating the evidence available on record, the Tribunal awarded total compensation amount of Rs.95,200.00. Hence, this appeal has been preferred by the appellant/claimant for enhancement of the compensation amount.