RAJ KAPUR PRAJAPATI Vs. FIROZ KHAN

JUDGEMENT

(1.) This appeal arises out of the award dtd. 17/12/2014 passed by 6th Additional Motor Accident Claims Tribunal, Raipur (C.G.), in Claim Case No.89/09 awarding compensation of Rs.7,57,820.00 with interest @ 6% per annum, from the date of application till its realization, in favour of the appellant/claimant and against respondent No.2 insurer of offending vehicle Minibus.

(2.) The claim of appellant/claimant before the Tribunal, in brief, was that on 29/8/2008, claimant Raj Kapur Prajapati was travelling in the bus bearing registration No. CG 04 D 4638 from Dhamtari to Raipur. When the bus reached near Kanshiram Nagar, a Minibus bearing registration No.CG 04 ZA 0792 (offending vehicle) coming from the opposite direction driven by respondent No.1 Firoz Khan in a rash and negligent manner hit the bus in which Raj Kapur Prajapati was travelling, as a result of which, he suffered grievous injuries all over his body and his right hand cut off from his shoulder, for which, he was admitted in Ramkrishna Care Hospital, Raipur till 8/9/2008. Upon report being made in this regard, crime was registered against respondent No.1 at PS Telibandha, Raipur (CG).

(3.) It was claimed by the Claimant that before the accident, he was earning Rs.15,000.00 per month by selling and promoting the product scheme of Smart Value Product and Services Limited, Noida, Uttar Pradesh on commission basis. He was also earning Rs.1,00,000.00per annum from his traditional profession of pottery and from manufacturing and selling of bricks, tiles etc.. On account of the accident, he suffered grievous injuries all over his body and his right hand was amputated from shoulder, for which, he was admitted in Ramkrishna Care Hospital, Raipur from 29/8/2008 to 8/9/2008. The claimant preferred an application before the Tribunal claiming total compensation of Rs.75,50,000.00 for medical expenses, permanent disability, artificial limb, loss in future income, physical and mental agony and also under other heads.