MANHARAN PRASAD VAISNAV Vs. PRATAP DAS JOSHI

JUDGEMENT

(1.) By this instant appeal, appellant has challenged the legality, validity and propriety of the impugned award dated 20/12/2013 passed by the Additional Motor Accident Claims Tribunal (F.T.C.), Korba, Chhattisgarh (hereinafter refereed to as 'Claims Tribunal') in Claim Case No. 97/2013, whereby the learned Claims Tribunal has partly allowed the claim application filed by the appellant and awarded an amount of Rs.1,34,500/- as compensation in an injury case.

(2.) Brief facts of the case relevant for disposal of this appeal are that on 21/05/2010 when the appellant was traveling on a Bolero Jeep (four wheeler vehicle) bearing registration No. C.G-12-D-0899 and going from Gajra Bhankimogra village to village Chhota Nagpur along with his friends and relatives to attend the marriage ceremony, on the way, at about 2.15 P.M., Bolero Jeep vehicle on which the appellant was travelling, met with an accident with a Truck bearing registration No. C.G.-07-C-1861 ('offending vehicle') driven by respondent No. 1 (owner- cum-driver). In the said accident, appellant sustained grievous injuries on his right shoulder, right elbow and other parts of the body. The appellant was immediately taken to the nearest hospital i.e. South Eastern Coalfields Limited, Regional Hospital Kurasia, Chirimiri Area, P.O. Kurasia, District Korea, Chhattisgarh where it has been found that the appellant sustained head injury, dislocation of his right shoulder and right elbow. Thereafter, the appellant was admitted in Indira Gandhi District Hospital, Korba, Chhattisgarh as indoor patient from 21/05/2010 to 24/05/2010 vide Discharge Ticket Exhibit P-39.

(3.) The appellant sustained permanent disability, therefore, he filed an application before the learned Claims Tribunal mentioning therein that he was working as a Painter and earning Rs.8,000/- per month, but due to permanent disability of 40% sustained by him, he is unable to do the work, which he was doing prior to the date of accident and claimed Rs. 12,00,000/- in total as compensation on all heads.