SHASHI BAGHEL Vs. MAHENDRA KUMAR BAGHEL

JUDGEMENT

(1.) This appeal is under Sec. 173 (2) of the Motor Vehicles Act, 1988 (for short 'the Act, 1988') has been filed by the appellant/claimant being aggrieved by the award dtd. 5/9/2017 passed by the learned 3rd Additional Motor Accident Claims Tribunal (in short 'the Tribunal'), Bastar, Jagdalpur (C.G.), in Claim Case No.114/2016.

(2.) Facts relevant for disposal of this appeal are that on 15/3/2016, the appellant/claimant was traveling in her relative's Maruti car bearing registration No. CG 17 KF/1910 (hereinafter referred to as 'the offending vehicle') along with other family members. When they were returning back from Village Dashapal to their Village Bade Arapur. On the way, near Morenga Petrol Pump, an unknown vehicle was coming from the front side on the main road, the driver of the said vehicle hit the offending vehicle, due to which non-applicant No.1/driver of the offending vehicle lost his control over the vehicle and turned turtle. As a result of which the appellant suffered various grievous injuries on various parts of her body. After the accident, the appellant was admitted to Maharani Hospital, Jagdalpur for treatment. After that she was admitted to Shri Balaji Hospital, Raipur for better treatment, wherein she treated and suffered permanent disability. Thus, accident was reported to the Police Station- Parpa based upon which crime was registered against non-applicant No.1.

(3.) Appellant/Claimant filed an application under Sec. 166/140 of the Act, 1988 Amendment 1994 before the Tribunal seeking amount of Rs.16,20,000.00 as compensation pleading therein that on the date of accident, she was working as 'labourer' and earning Rs.5,000.00 per mensem and as of now unable to earn her livelihood.