ASHUTOSH TIWARI Vs. PANNALAL

JUDGEMENT

(1.) This appeal is by the injured claimant under Sec. 173 of the Motor Vehicles Act against the award 29.10.2015 passed by IX Motor Accident Claims Tribunal, Bilaspur (CG) in Claim Case No.620/2014 awarding total compensation of Rs.10,37,668.00 with interest @ 7.5% per annum from the date of application till realization, fastening liability on the non-applicant No.3 jointly and severally along with nonapplicants No.1 & 2/driver & owner.

(2.) As per claim petition, on 18.2.2014 at about 11 pm while the claimant by riding motorcycle bearing No. CG 10 EB 8481 with a moderate speed on the correct side of the road was coming back to his house, non-applicant No.1 Pannalal @ Ajay Banjare by driving Truck (Capsul) bearing No. CG 10 C 6241 in a rash and negligent manner dashed his motorcycle. As a result thereof, the claimant suffered grievous injuries on various parts of his body, his left leg above the knee joint was amputated rendering him permanent disabled to the extent of 80%. The claimant was working as Finance Consultant and thereby earning Rs.3,05,620.00 per annum and due to injuries suffered by him he is not able to perform his duties. Hence by filing claim petition under Sec. 166 of the Motor Vehicles Act, he claimed a total compensation of Rs.1,28,66,160.00 under various heads from the nonapplicants. However, the Tribunal considering the evidence led by both the parties passed an award as mentioned above.

(3.) Learned counsel for the appellant/claimant submits as under: