NOHAR LAL BANJARE Vs. HEMANT SAHU

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') questioning the propriety of the award dated 27.01.2012 passed by the 4th Additional Motor Accidents Claims Tribunal, Raipur (for short 'the Claims Tribunal') in Claim Case No.198/2011 by which, the Appellant's claim in part has been allowed while awarding amount of compensation to the tune of Rs.59,561/- with 7 1/2% interest per annum from the date of Claim Petition till its realization.

(2.) Briefly stated, the facts of the case are that on 31.10.2010, Appellant - Nohar Lal Banjare was coming by his motorcycle bearing its registration No.CG 04 CE 2045 from Village Vatagan to Village Palari and as soon as he reached Bharuwadih, his vehicle was dashed vehemently by its front side by the offending vehicle bearing its registration No.CG 04 DC 9621, which was being driven in a rash and negligent manner by Respondent No.1-Hemant Sahu. On account of the aforesaid incident, a claim enumerated under Section 166 of the Act has been made by submitting inter alia that at the relevant time, the Appellant was driving the vehicle cautiously from his side, however, Respondent No.1-Hemant Sahu, while driving the offending vehicle, owned by Respondent No.2-Rameshwar Sahu, dashed his vehicle from the opposite side. As a result, the Appellant sustained grievous injuries and was admitted immediately into the hospital. It is pleaded further that the Appellant was a tailor by profession and used to earn Rs.10,000/- per month and has thus claimed total amount of compensation to the tune of Rs.12,50,000/-.

(3.) The Respondents have contested the aforesaid claim by denying very specifically that the alleged accident took place due to rash and negligent driving of Hemant Sahu-Respondent No.1 herein. It is contested further on the ground that Nohar Lal Banjare, the Appellant himself was responsible for the alleged accident as he was driving his vehicle in a drunken condition.