AKHILESH KUMAR GUPTA Vs. JITENDRA KUMAR PATEL

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicle Act has been preferred by the claimant/injured against the award 28/1/2013 passed by 3rd Additional Motor Accident Claims Tribunal, Durg in Claim Case No. 149/2011 awarding total compensation of Rs.73,520.00 along with interest @ 7.5% per annum from the date of application till realization, fastening liability of payment of compensation upon the non-applicant No. 3.

(2.) As per claim petition, on 25/4/2009, the claimant/injured aged about 38 years earning Rs.12,500.00 per month by working of hardware business was going to Bhilai sitting in santro car bearing CG 06/8567 near village Somni, non-applicant No. 1 by rash and negligently driving of offending vehicle (Tavera) bearing registration No. MP 20BA/0727 dashed the aforesaid car due to which claimant sustained injuries on his solder and other part of the body. Due to the aforesaid injuries the claimant/injured suffered permanent disability to the extent of 15%.

(3.) On claim petition being preferred by the claimant / injured under Sec. 166 of the Motor Vehicles Act, 1988, the Tribunal considering the evidence led by both the parties passed an award as mentioned above.