DHARAM SINGH Vs. AKABAR ALI

JUDGEMENT

(1.) This is claimant's appeal seeking enhancement of compensation awarded by the Additional Motor Accidents Claims Tribunal, Katghora to the Additional Tribunal, Katghora, District Koraba C.G. (for short 'the Tribunal') in Claim Case No. 10 of 2014 vide award dated 16.04.2018.

(2.) As against the compensation of Rs. 27,50,000/- 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 20.01.2013, the Tribunal awarded a total sum of Rs. 83,053/- along with interest @ 9% 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: the accident had occurred due to rash and negligent driving of offending Bolero bearing registration No. C.G.15/AD/0485 by its driver i.e., respondent No.1 herein: appellant/claimant sustained grievous multiple injuries and his leg was fractured and he suffered 10% permanent disability, respondent No.3 / Oriental 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.