(1.) This appeal is directed against the dismissal of the Appellant's/Claimant's claim petition vide award dated 04.03.2016 by the Motor Accident Claims Tribunal, Kabirdham (Kawardha), C.G. in MACC No 16 of 2015. The Claimant/injured claimed compensation of Rs.43,30,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act, 1988 for the injuries sustained in the motor accident.
(2.) Facts of the case, in brief, are that the Claimant was doing the work of Mason. While on 05.02.2014 Claimant - Vijay Kumar Sahu was putting grits into the mixture machine, non-applicant No.1- Pawan Kumar rider-cum-owner of the offending vehicle Hero Honda Motorcycle bearing registration No. CG-09/A/1040, insured with non-applicant No.2, riding the offending vehicle in a rash and negligent manner, dashed Vijay Kumar Sahu, as a result thereof, his hand got stuck into the mixture machine and was cut off below the elbow. Due to the said accident, as per Ex.-A-47 Claimant suffered 55% permanent physical disability.
(3.) Learned counsel for the Appellant/Claimant submits that on the date of accident, non-applicant No.1 driving the motorcycle in a rash and negligent manner dashed the Claimant due to which his right hand got stuck into the mixture machine and was cut off below the elbow from the mixture machine. As per charge-sheet (Ex.-A/1) filed against the non-applicant No.1, as per FIR (Ex.-A/2) lodged against non-applicant No.1 and as per spot map (Ex.-A/3), specific evidence adduced before the Tribunal mentioning all the relevant facts to the incident. As per seizure memo (Ex.-A/5), the offending vehicle was seized from the possession of the non- applicant No.1. He further submits that the medical papers, medical bills and permanent physical disability certificate were produced before the Tribunal i.e. Ex.- A/6 to Ex.-A/47 and proved by the Claimant, but the Tribunal has not considered the above documents and has dismissed the claim petition of the Claimant on the ground that the injury caused to the Claimant was not as a result of being hit by motorcycle ridden by non-applicant No.1. He also submits that the Tribunal has not considered or decided the issue Nos, 1, 2 and 4 except issue No.3 and has not awarded any amount of compensation to the Claimant. Therefore, appropriate compensation may be awarded in favour of the Claimant. Alternatively, he submits that in the facts and circumstances of the case, the matter may be remanded to the Tribunal for deciding all the issues in the claim petition afresh on merits after giving due opportunity of hearing and of adducing evidence to the parties.