PRAFULL SWARUP VERMA Vs. NARAYAN NISHAD

JUDGEMENT

(1.) This appeal is by the claimant/injured against the award dtd. 11/12/2013 passed by the 7th Additional Motor Accident Claims Tribunal, Raipur, District Raipur C.G. in Claim Case No.167/2011 awarding total compensation of Rs.2,48,814.00 with interest @ 6% per annum from the date of application till realization, fastening liability on the Insurance Company/non-applicant no.3.

(2.) As per claim petition, on 10/1/2011, claimant/injured Prafull Swaroop, aged about 28 years, earning Rs.20,000.00 per month by running grocery shop was travelling in the vehicle TATA Ace bearing No. CG04-JB-7468 along with his grocery items and was going from Raipur to Chandkhuri. However, on the way at around 8:00 pm non-applicant No.1 by driving the vehicle Tata Tipper bearing no. CG04-CW-1041 in a rash and negligent manner dashed the vehicle of the claimant, as a result of which claimant sustained grievous injuries including fracture of femur and tibia-fibula bones, resulting into 50% permanent disability. At the time of accident, offending vehicle was owned by non-applicant no.2/respondent no.2 and insured with non-applicant no.3/respondent no.3.

(3.) On claim petition being filed by the claimant/injured under Sec. 166 of the Motor Vehicles Act for compensation to the tune of Rs.24,20,000.00, the Tribunal considering the evidence led by both the parties passed an award as mentioned in para 1 of this judgment.