KISHORE CHAND RAMLO Vs. JASPAL KAUR

JUDGEMENT

(1.) Heard finally, with consent.

(2.) This appeal has been filed against the order dated 30-12-2003 passed by the Motor Accident Claims Tribunal, Jagdalpur whereby the application for interim compensation filed by the appellant had been rejected.

(3.) Brief facts of the case are that the appellant filed a claim petition along with an application under Section 140 of Motor Vehicles Act for grant of interim compensation stating that the accident occurred on 8-11-2002 at about 10.00 P.M. It was stated that while the appellant along with his friend Jaiprakash was going from Bhilai to Jagdalpur on a motorcycle of his brother bearing registration No. CG 04 ZM 2494 namely Bajaj Boxer, and when he reached near Asna Dhaba, a truck bearing registration No. CG 07 ZC 2845 was parked by its driver in the middle of the road without Indicator, Parking light and at the time another vehicle was coming from opposite side and due to bright light of that vehicle, he could not see the parked truck and collided with the said truck. Due to said accident his Spine Survical got fractured and 15 stitches were sewed in his skull and he also suffered paralysis of entire body just below the chest. Before the Court below it was submitted that the claimant was working in a Tractor Agency as a Sales Officer and was getting Rs. 5,000.00 per month. It was further submitted that due to the said accident, he suffered permanent disability and he is unable to work. It was also submitted that in the treatment he has to incur heavy expenses. The claimant claimed Rs. 9,00,000.00 in all heads from the respondents.