KAMAL KUMAR MIRI Vs. RAMRATAN SAHU

JUDGEMENT

(1.) This is an appeal by the claimant/injured against the award dated 20.04.2011 passed in Claim Case No. 95/2009 by the Court of First Additional Motor Accident Claims Tribunal, Raipur, whereby as against the claim of Rs. 7,15,000/-, total award of Cr. A. No. 2,19,800/- was passed. The brief facts, as was pleaded by the claimant, are that on 27.03.2009 at about 9 O'clock the claimant was going from Bilaspur to Raipur on his Minidor bearing registration No. C.G. 04/3379. At that relevant time, the Scorpio vehicle bearing No. K.L. 19/1333 which was coming from Raipur towards Bilaspur in a rash and negligent manner lost his control and leaving its side dashed the vehicle of the applicant. By such impact, three persons died on the spot while the applicant was severely injured. The applicant/claimant was immediately admitted to the CIMS Hospital, Bilaspur, and the report was made at Police Station - Nandghat. It was pleaded that the offending vehicle was being driven by the non-applicant No. 1, Ramratan Sahu and was owned by T. Chillan, the non-applicant No. 2, and was insured with the non-applicant No. 3. It was stated that by such impact the applicant sustained severe multiple injuries on his right leg and at four places the rod was inserted while on the left leg fracture was caused. It was further stated that by such impact of accident, the applicant had sustained severe injuries on his waist and head. It was further stated that the applicant was initially admitted to the CIMS Hospital and thereafter, he was shifted to Hospital at Devendra Nagar, Raipur and there he was admitted for 1 1/2 months. It was further submitted that at the time of accident the applicant was earning Rs. 6000/- per month and because of the accident due to physical injury, he has completely lost his capacity to earn. Thereby, an amount of Rs. 7,15,000/- was claimed.

(2.) In reply to the averments of the claim petition, the non-applicant No. 1 & 2 had stated that no accident had occurred but on the false averments the case has been filed. Likewise, the non-applicant No. 3, the insurance company, stated in their reply that at the relevant time though the vehicle was insured but the accident did not happened.

(3.) The learned Tribunal after examining all the evidence has passed an award of Rs. 2,19,800/-, out of which Rs. 1,10,000/- was given for medical, special diet & conveyance expenses, Cr. A. No. 10,000/- was awarded for pain & suffering, Rs. 9000/- was awarded for loss of future earning and Rs. 40,800/- was awarded on the head of pecuniary loss and for non-pecuniary loss Rs. 50,000/- was awarded; thereby total amount of Rs. 2,19,800/- was awarded.