SANJEEV KUMAR Vs. SHANA PARWEEN

JUDGEMENT

(1.) Aggrieved by the award dtd. 1/2/2010 passed by the 8th Additional Motor Accident Claims Tribunal (F.T.C.), Durg, in Claim Case No. 27 of 2009, the present appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been filed by Appellant, who was the driver of the Motorcycle No. CG07-LB/9546 in the instant case, in so far as it relates to exonerating Respondent No.3-Insurance Company from the liability to pay the compensation to the Claimant.

(2.) Brief facts of the case, as per the claim petition, are that on 12/7/2008 at around 4:30 p.m., the Claimant Ku. Shana Parween was playing near Khursipar road and at the same time it is said that Appellant Sanjeev Kumar came rashly and negligently driving the Motorcycle, bearing Registration No. CG07-LB/9546 and hit Ku. Shana Parween on account of which she fell down and sustained grievous injuries. She was thereafter admitted in the Chandulal Chandrakar hospital where her leg was shortened after treatment and she became permanently disabled. The Claimant Ku. Shana Parween therefore filed a claim petition under Sec. 166 of the Act before the Claims Tribunal claiming a total compensation of Rs.3,20,000.00.

(3.) Learned Claims Tribunal, on a close scrutiny of the evidence led, the material placed and submissions made by the parties, has awarded a sum of Rs.45,035.00 fastening the liability upon the driver and owner of the said Motorcycle to pay the same to the Claimant along with 6% simple interest per annum from the date of filing of the claim petition till its realization excluding the period from 24/10/2009 to 2/12/2009, and exonerated the Insurance Company from its liability to pay compensation. Hence, this appeal.