JAVED ASHRUF Vs. ABHAY AGRAWAL

JUDGEMENT

(1.) The appellant/claimant has filed this appeal under Sec. 173 of the Motor Vehicles Act against the award dtd. 26/4/2017 passed by the II Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.228/2015 awarding total compensation of Rs.8,39,512.00 to the claimant with interest @ 7% p.a. from the date of claim petition till realization, fastening liability jointly and severally on the insurer with driver and owner of the vehicle.

(2.) As per claim petition, on 15/1/2015 while the claimant by riding his motorcycle was going from Maharana Pratap chowk to Mandir Chowk, on the way respondent No.1 Dr. Abhay Agrawal by driving the car bearing registration No. CG 10 U/7715 (hereinafter referred to as "the offending vehicle") in a rash and negligent manner dashed his motorcycle from behind as a result of which he suffered grievous injuries over his head, waist, hands, legs and other parts of the body and immediately taken to Chhattisgarh Institute of Medical Science, Bilaspur by the persons present at the spot. Looking to the serious condition of the claimant, he was referred from there to Apollo Hospital and thereafter, referred to Medical College Hospital, Raipur where he remained hospitalized from 17/1/2015 to 4/2/2015 and then admitted in Yashwant Hospital, Raipur on 9/2/2015. At the time of accident, the offending vehicle was owned by respondent No.2 Dr. Lavanya Agrawal and insured with respondent No. 3 New India Insurance Co. Ltd.

(3.) The claimant filed a claim petition through his mother under Sec. 166 of the Motor Vehicles Act, claiming total compensation of Rs.80.00 lacs under various heads.