LAWS(CHH)-2016-6-52

DHARAMVEER NARANG Vs. VINOD KUMAR SHARMA

Decided On June 30, 2016
Dharamveer Narang Appellant
V/S
VINOD KUMAR SHARMA Respondents

JUDGEMENT

(1.) This appeal filed by the claimant/appellant arises out of the award dtd. 30/7/2008 passed by the 3rd Additional Motor Accident Claims Tribunal, Raipur (henceforth 'the Claims Tribunal') in Claim Case No.31/05 whereby in an injury case compensation of Rs.84,268.00 has been awarded to the claimant.

(2.) Facts of the case, in brief, are that on 16/2/2005 the claimant was going on his motorcycle to village Sankra from Bhanpuri-Raipur and when he reached near Dhaneli nala, he was hit by the vehicle bearing registration No.CG04-G-7531, which was driven by respondent No.1 in a rash and negligent manner, as a result of which he sustained number of grievous injuries including fracture in right hand.

(3.) A claim case was filed by the injured claimant/appellant claiming compensation to the tune of Rs.8,00,000.00 under various heads including, inter alia, pleading that after the incident he was taken to the Primary Health Centre, Dharsiva from where he was referred to Medical College Hospital, Raipur for better treatment where he remained admitted from 16/2/2005 to 4/3/2005 and during this period i.e. on 17/2/2005, a rod was inserted in his right hand. It has been further pleaded that at the time of incident, he was earning Rs.150.00 per day, however, on account of injuries caused in the accident, he could not perform his work for months' together. It has also been pleaded that in future also he need medical treatment.