VIJAY SINGH Vs. JAGESHWAR @ JAGGU SAHU

JUDGEMENT

(1.) By this instant appeal, appellant/claimant (injured) assailed the legality, validity and propriety of the impugned award dated 21/09/2012 passed by the Second Additional Motor Accident Claims Tribunal, Bilaspur, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Claim Case No.124/2011, whereby the learned Claims Tribunal partly allowed the claim application filed by appellant/claimant and awarded an amount of Rs.8,37,532/- as compensation in an injury case where the appellant/claimant sustained 65% disability as per the certificate issued by the Medical Board.

(2.) Brief facts for disposal of this appeal, are that, on 20/02/2009 at about 10.00 P.M. the appellant/claimant along with other Army Personnels was going to Kondagaon from Raipur. On the way near village Chhati, the said vehicle stopped due to some mechanical defect. When the appellant/claimant was standing on the side of the road getting his vehicle repaired, at that relevant time, the truck bearing registration No. CG05/ZC/0262 (hereinafter referred to as 'offending vehicle') which was coming from opposite direction i.e. District Dhamtari and being driven by respondent No.1 rashly and negligently, dashed the said stationary vehicle causing grievous injury over left leg of the appellant. In the said accident, two persons died and other Army Personnels have also sustained injuries.

(3.) The appellant/claimant was treated at Christian Hospital, Dhamtari, and 'Kalda Cosmetic Surgery Institute and Burn Centre, Raipur'. During course of treatment, his left leg below knee was amputated. He sustained 65% permanent disability in the said accident. Thereafter, he filed a claim application under Section 166(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') before the competent Claims Tribunal claiming Rs.27,94,517/- in total as compensation.