SURJOO S/O RAMNARAYAN LODHI Vs. BRANCH MANAGER

JUDGEMENT

(1.) This appeal is by the injured/claimant under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act") against the award 24.6.2014 passed by Additional Motor Accident Claims Tribunal, Khairagarh, Distt. Rajnandgaon in Claim Case No. 50/2010 awarding total compensation of Rs.1,25,849/- with interest @ 6% per annum from the date of application till realization, fastening liability on the non- applicant No.1/insurance company jointly and severally along with non- applicant No. 2 & 3/driver & owner.

(2.) As per claim petition, 7.12.2009 claimant was sitting as a pillion rider in the motorcycle of Hemant Kumar Sinha. However, when he reached near bus stand, non-applicant No.2 Nagesh Nishad by driving vehicle Tata 207 D.I. bearing No.CG 08 B 1655 in a rash and negligent manner, dashed the motorcycle. As a result of this, the claimant suffered injuries on his hand, leg, nose, face and head. Crime was registered against non-applicant No.2 under Crime No.308/09 by the police.

(3.) On claim petition being filed by the injured claimant under Section 166 of the Motor Vehicles Act claiming compensation to the tune of Rs.16,80,200/-, the Tribunal considering the evidence led by both the parties passed an award as mentioned above. Aggrieved by the said award, the claimant has filed the instant appeal seeking enhancement of the compensation and the insurance company has also filed cross- objection challenging its liability as well as quantum of compensation and also filed an application (IA No.01) under Order 41 Rule 27 of CPC for taking on record the registration certificate of the offending vehicle as additional evidence.