HARISHCHANDRA BARMATE @ RAJWA BARMATE S/O SONSINGH BARMATE Vs. BRANCH MANAGER, IFFICO TOKIYO GENERAL INSURANCE CO LIMITED

JUDGEMENT

(1.) The appellants who are driver and owner of the motorcycle bearing registration No.CG 10/EG/4623 (hereinafter referred to as 'offending vehicle') have challenged the legality, validity and propriety of the impugned award dated 05/08/2013 passed by Chief Motor Accident Claims Tribunal, Bilaspur, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case No.137/2010 whereby learned Claims Tribunal while exonerating Insurance Company from its liability, awarded a sum of Rs.66,280/- as compensation in an injury case.

(2.) Brief facts for disposal of this appeal, are that, on 02/06/2010, at about 7.00 pm, one Umashankar Bhaghel was returning from Kirana shop, at that relevant time, on road at village Mudhiya, offending vehicle bearing No.CG 10/EG/4623 driven by appellant No.1 dashed Umashankar Bhaghel, due to which, he sustained fracture injury over his right knee. The matter was reported to concerned police station and Crime No.53/2010 was registered against appellant No.1 for offence punishable under Sections 279, 337 and 338 of the Indian Penal Code. Subsequently, charge-sheet was also filed before the competent Court at Mungeli.

(3.) Respondent No.2/claimant filed a claim application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') before the competent Claims Tribunal claiming Rs.3,38,000/- as compensation stating therein that on account of injury caused to him in an accident, he suffered permanent disability.