HINSARAM SAHU Vs. ABDUL SAMAD

JUDGEMENT

(1.) This is Claimant's appeal filed under Sec. 173 of the Motor Vehicles Act for enhancement of compensation awarded by the Additional Motor Accident Claims Tribunal, Khairagarh (C.G.) in Claim Case No. 79 of 2011 vide award dtd. 22/3/2013.

(2.) As against compensation of Rs.6,68,000.00 claimed by Claimant Hinsaram Sahu by filing claim application under Sec. 166 of the Motor Vehicles Act, 1988 for the injury sustained by him in the motor accident, the Tribunal awarded a total sum of Rs.1,28,490.00 along with interest @ 6% per annum from the date of application till realization, fastening liability upon Respondent No.3/non-applicant No.3 Insurance Company along with non-applicants No. 1 and 2 jointly and severally.

(3.) Brief facts of the case are that on 17/5/2011, the Claimant had gone to village Mudhipar by his motorcycle Hero Honda CD Delux bearing registration No. CG-08/J/1335 to attend marriage in relation. When he was returning in the night from Mudhipar to Rajnandgaon alongwith his three relative by his motorcycle, at about 11:00 pm, non-applicant No.1, driver of the offending vehicle Santro Car bearing registration No. CG-07/M/0453, owned by non-applicant No.2 and insured with non-applicant No.3, driving the said Car in a rash and negligent manner, dashed the motorcycle. As a result thereof, Hinsaram Sahu sustained grievous multiple injuries, his right leg was fractured and he suffered 40% permanent disability.