KHAMHAN LAL SAHU Vs. SANJIV KUMAR PATEL

JUDGEMENT

(1.) THIS appeal arises out of the award dated 10.8.2005 passed by 5th Additional Motor Accident Claims Tribunal, Raipur (hereinafter referred to as "the Tribunal") in claim case No. 32/05 awarding compensation of Rs. 1.52 -lacs in favour of the injured -claimant with interest @ 6% per annum from the date of claim petition. Facts of the case, in brief, are that on 29.1.2004 when injured appellant was travelling as a labour (Hamal) in Matador bearing registration No. C.G. 04 Z.D. 9246, the said Matador collided with a truck bearing registration No. M.P. 20 G 1998 on account of rash and negligent driving of the truck driver. As a result thereof, the appellant claimant sustained grievous injuries on various parts of his body, including fracture and crushing of his both the legs, breaking of tooth as also disfigurement of his face.

(2.) A claim case was filed by the injured -claimant before the Tribunal for compensation of Rs. 15 lacs, inter alia, pleading that before the accident he was doing agricultural work and thereby earning Rs. 6,000/ - per month, he was also engaged in labour (Hamal) work, thereby earning Rs. 200/ - per day, at the time of accident he was 25 years of age and on account of the injuries sustained in the accident he is unable to earn his livelihood. In the claim petition, the driver, owner and insurer of the offending vehicle truck were impleaded as non -applicants.

(3.) HOWEVER , the Tribunal after appreciation of the evidence on record by the impugned award granted a total compensation of Rs. 1.52 lacs in favour of the claimant along with interest @ 6% p.a. from the date of application till realization on the following heads: