GOVIND PRASAD SHUKLA Vs. NEVENDRA SAHU

JUDGEMENT

(1.) This appeal is preferred by the claimant under Section 173 of the Motor Vehicles Act, 1988 against the award dated 31/01/2013 passed by Vth Additional Motor Accident Claims Tribunal, Durg, District Durg (C.G.) in Claim Case No. 65/2011 awarding total compensation of Rs. 5,52,856/- with interest @ 6% per annum from the date of application till realization, fastening liability on the non-applicant No. 3.

(2.) As per claim petition on 10/01/2011 at around 01:00 PM claimant Govind Prasad Shukla, 45 years of age, earning between Rs. 16,000 to Rs. 20,000/- per month from business of Security Service Agency, was riding his motor cycle Hero Honda and he was returning from Supela J.P. Chowk to Sector-6 Garage Road towards his home with a moderate speed. However, on the way non-applicant No. 1/Nevendra Sahu by driving Bajaj Pulsar motorcycle bearing No. CG07 LP 9877 (offending vehicle) in a rash and negligent manner dashed the motorcycle of the claimant. As a result of this accident, claimant suffered grievous injuries on his right leg, right hand and other parts of the body. Due to injury suffered by him he has become permanent disabled to the extent of 56 percent. At the time of accident the offending vehicle was owned by non-applicant No. 2 and insured with non-applicant No. 3/Insurance Company.

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