KOMAL Vs. LOKESHWAR

JUDGEMENT

(1.) With the consent of learned counsel appearing for the parties, the case is heard finally.

(2.) This is the claimant's appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 (for short "Act of 1988") challenging the award dtd. 25/1/2020 passed by learned Motor Accidents Claims Tribunal, Dhamtari (CG) in Claim Case No.02 of 2019, whereby claim application filed by the appellant/claimant has been dismissed.

(3.) Facts relevant for disposal of this appeal are that appellant/claimant filed an application under Sec. 166 of the Act of 1988 before the learned Additional Motor Accident Claims Tribunal, Dhamtari, pleading therein that on 9/7/2018, the appellant, along with his other porter colleagues, was cutting straw in the straw-cutting-machine which was operated and run with the attached Tractor number CG 05/G/8032 owned by non-applicant No.1. At 06:30 AM in the morning, suddenly appellant's right hand got stuck inside the machine along with the straw, due to which, his right hand was completely damaged below the elbow. The applicant/claimant was taken to Christian Hospital Dhamtari, where the doctors advised to take him to Raipur in view of the severity of the injury, on which, the applicant was admitted to Rajdhani Hospital Raipur, where the applicant's right hand below the elbow was amputated. The said accident occurred because, non-applicant No.1 was not maintaining adequate safety arrangements at his workplace. The applicant was a 29-years-old healthy and strong man before the incident who was working as a porter and earning Rs.500.00 per day from which he was maintaining his family, but due to the said accident, he has become permanently disabled and unable to earn any income. Appellant/claimant prayed for total compensation of Rs.20,00,000.00 .