PAVITTAR SINGH Vs. RAMDESI THAKUR

JUDGEMENT

(1.) The present is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 preferred by the injured-Claimant/Appellant, seeking enhancement of compensation awarded by the Sixth Additional Motor Accident Claims Tribunal, District Durg (C.G.) vide award dtd. 27/1/2017 passed in Claim Case No. 0128 of 2015.

(2.) The Claimant/Appellant claimed compensation of Rs.50,00,000.00 by filing a claim petition under Sec. 166 of the Motor Vehcles Act, 1988 for injury sustained by him in the motor accident.

(3.) Facts of the case, in brief, are that on the date of accident i.e. 14/10/2014, the Claimant was going towards Chandra Mourya under-bridge from Sector 6 by his motorcycle bearing registration No. CG-07/LJ/6575 in his side. At about 07:30 pm, the offending vehicle Tata 207 bearing registration No. CG-07/C/2935 was coming in a rash and negligent manner, seeing this Claimant stopped the motorcycle on the left side of the road taking full care and caution and stood on the bus stop, but the offending vehicle rashly and negligently hit the Claimant. As a result thereof, Claimant sustained grievous injuries on various parts of the body and was admitted in Ramkrishna Care Hospital where his treatment was going on and hip bone of right leg and tibia fibula were fractured and right leg was amputated above the knee and he also suffered 80% permanent disability as per Ex.-P/12-C.