HIMANSHU SUROJIYA Vs. KONDAD PANDE

JUDGEMENT

(1.) By the instant appeal, the appellant/claimant is challenging the legality and propriety of the impugned award dated 29/10/2011 passed by the First Additional Motor Accident Claims Tribunal, Bastar at Jagdalpur (C.G) (in short 'Claims Tribunal') in Claim Case No. 11/2010.

(2.) The appellant/claimant has filed this appeal seeking enhancement of amount under award as well as also challenging the finding of the contributory negligence.

(3.) The brief facts of the case, are that, on 19/12/2008, the appellant/claimant was travelling on motorcycle bearing No. C.G.17-B-8859 along with one Raju Thakur and returning towards his village on National Highway No. 4 When they reached near Rojgaripara, at that relevant time, the Jeep bearing No. C.G.17/ZD-0356 driven by respondent No.1 (hereinafter called as 'offending vehicle') which was coming from Raipur towards Kondagaon dashed the motorcycle by rash and negligent driving, as a result of which, the appellant/claimant sustained grievous injuries on his head, chest and other parts of the body. His right leg got badly injured and he was admitted to Yashwant Hospital, Raipur where he undergone treatment from 20/12/2008 to 01/02/2009. Looking to the serious injury sustained over the right leg, his leg was amputated below the knee and he sustained 70% permanent disability on his right leg. Thereafter, he filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'M.V. Act') claiming compensation of Rs. 20,82,000/-.