DEVANAND Vs. DILIP KUMAR SHAH

JUDGEMENT

(1.) This appeal arises out of the award dated 7.10.2005 passed by II Additional Motor Accident Claims Tribunal, Raipur (hereinafter referred to as "the Tribunal") in claim case No. 40/05 awarding compensation of Rs. 2.25 lacs in favour of the injured-claimant. Facts of the case, in brief, are that on 21.2.2004 when injured appellant Devanand was riding his motorcycle Hero Honda and his friend Vipendra Upadhyaya was sitting as pillion rider, the said vehicle was dashed by truck bearing registration No. C.G.07C-1854 (in short "the offending vehicle"), which was being driven by its driver rashly and negligently. In the said accident, the appellant suffered grievous injuries, he remained hospitalized in the Government Hospital and later on shifted to private hospital where he remained for about 20 days. In order to save life of the appellant, his right hand was amputated below the elbow in the hospital.

(2.) A claim case was filed by the injured-claimant before the Tribunal for compensation of Rs. 11.30 lacs, inter alia, pleading that before the accident he was working as Accountant with a private firm, drawing monthly salary of Rs. 2,500/- and at the time of accident, he was 25 years of age.

(3.) However, the Tribunal after appreciation of the evidence on record by the impugned award granted a total compensation of Rs. 2.25 lacs in favour of the claimant along with interest @ 6% p.a. from the date of application till realization on the following heads: