A K BHANDARI Vs. KUNWAR SINGH

JUDGEMENT

(1.) By this instant appeal, appellant has challenged the legality and validity of the impugned award dated 24/11/2011 passed by Second Additional Motor Accident Claims Tribunal, Raipur (C.G.) (hereinafter referred to as 'Claims Tribunal') in Claim Case No. 103/2010, whereby the learned Claims Tribunal awarded an amount of Rs. 8,000/- as compensation in an injury case.

(2.) Brief facts of the case, are that, on 15/12/2008 when appellant was travelling on a motorcycle bearing registration No.CG07/ZL/9951 of his friend Mr. K. B. Sharma as a pillion rider and going to Government Collage Bhilai on his duty, at that relevant time, at about 8.25 hours, near Venkteshwar Marble Shop, Charauda township, one Auto-Rikshaw bearing registration No. CG07/T/1601 (offending vehicle) driven by respondent No. 1 rashly and negligently, dashed the motorcycle driven by Mr. K. B. Sharma, due to which, appellant sustained fracture over his right leg and also sustained injuries on his face and other parts of the body. The matter was reported to Police Station, Bhilai-3, District Durg. The appellant was admitted to Dr. Visharad Hospital, Raipur, where his leg was operated.

(3.) For the reasons stated above, the appellant/claimant filed a claim application under Section 166 of the Motor Vehicles Act, 1988 before the competent Claims Tribunal claiming Rs. 2,07,900/- as compensation on the ground that he sustained fracture on his right leg and was admitted to hospital from 15/12/2008 to 17/12/2008 where his leg was operated and rod was inserted. It was further pleaded that due to aforementioned injury, he took rest for about 54 days in his house, thereafter, he took assistance by hiring one Auto-Rikshaw on Rs. 15,000/- per month to attend his duties at Government College, Bhilai for a period of three months.