SUKUL RAM BHAINA Vs. GULAB SINGH KANWARLABIC

JUDGEMENT

(1.) This is claimant's appeal seeking enhancement of compensation awarded by the learned Additional Tribunal of Upper Motor Accident Claims Tribunal, Katghora District Koraba C.G. (for short 'the Tribunal') in Claim Case No. 123 of 2012 vide award dated 26.04.2018.

(2.) As against the compensation of Rs.24,00,000/- claimed by the appellant/claimant by filing claim application under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') for the grievous injuries sustained by him in the road accident on 31.08.2012, the Tribunal awarded a total sum of Rs.1,51,815/- along with interest @ 7% per annum from the date of application till its actual payment.

(3.) The Tribunal, on a close scrutiny of the evidence led by the parties, held that the accident had occurred due to rash and negligent driving of Truck bearing registration No. CG04/JC/4347 by its driver i.e., respondent No.1 herein: appellant/claimant sustained grievous multiple injuries on his body and he suffered 16% permanent disability, respondent No.3 / New India Insurance Company liable for payment of compensation as it could not establish any violation of policy conditions; assessed and awarded the aforesaid sum as compensation.