UTTAM SHANKAR SAHU Vs. ARJUN KUMAR SAHU

JUDGEMENT

(1.) The appellant / claimant has filed this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'MV Act') assailing the award dtd. 16/02/2017 passed by the Motor Accident Claims Tribunal, Baikunthpur, District ' Koriya (CG). By the impugned award, against claim of Rs.18,70,000.00, learned Tribunal has awarded compensation of Rs.3,43,539.00 in favour of the appellant/ claimant on account of injuries sustained by him in an accident that occurred on 19/10/2014 by rash and negligent driving of the offending vehicle (Bolero) bearing registration no.CG.18 D/0630 driven and owned by respondent No.1 and insured with respondent No.2 / insurance company.

(2.) As per pleadings of the claim application, the appellant / claimant along with his colleague Shiv Kumar and others had gone to Raipur to participate in State level social election. After election, he was returning back from Raipur to village ' Kasra sitting in the offending vehicle. Respondent No.1 / driver was driving the offending vehicle rashly and negligently and dashed from behind the Trailor which was standing in broken down condition on road side in front of Triveni Dental College, Bilaspur. Due to collision the persons sitting in the Bolero sustained injuries. The appellant / claimant also sustained severe injuries and his neck bone got fractured. Upon report being lodged, Police Station ' Chakarbhata registered crime No.317/2014 under Sec. 338, 304(A) of the IPC and after due investigation, charge sheet was filed before the Court of Magistrate, Bilha. Further pleadings reflect that the appellant / claimant spent huge amount on his treatment in different hospitals, therefore, abovestated compensation was claimed.

(3.) Respondents No.3 and 4 are the driver and owner of Trailor No.CG 10 C/3013 and respondent no.5 is the insurance company with which the Trailor was insured.