SUDESH PANDEY Vs. SUDHIR KUMAR

JUDGEMENT

(1.) This appeal under Sec. 173(1) of the Motor Vehicle Act, 1989 (hereafter referred to as "the Act", for short) has been filed by the claimant seeking enhancement of the amount of compensation against the judgment dtd. 4/4/2005 in MVC No.109/2004 passed by the learned 4th Additional Motor Accident Claims Tribunal, Katni (hereafter referred to as "the Tribunal", for short).

(2.) For the sake of convenience, the parties are referred to as they arrayed before the Tribunal.

(3.) The facts of this case are that the appellant Sudesh Pandey filed a claim application under Sec. 166 of the Act against the respondents alleging that at the time of filing the claim petition he was aged about 31 years and working as advocate's clerk and used to earn Rs.5,000.00 per month. The accident took place on 21/2/2004 at about 3:00 pm. while he was proceeding towards Heeraganj from Nai Basti when he reached in front of Mangat Ram Hospital, Nai Basti, Katni, the offending motor cycle bearing No.MP 21 C 6745 came behind in a rash and negligent manner and dashed against the claimant/appellant driven by its rider (the first respondent) and sustained serious injuries and he was taken to the Hospital for treatment and he sustained fracture in left leg ankle bone and due to the injuries sustained by him, his left leg could not be cured and shortened, due to which, he got permanent disability. The matter was reported by the claimant to Police Katni alleging that the alleged accident took place on account of rash and negligent driving of the said motorcyclist by its rider. Basing on the report, Police Katni registered a case in Crime No.154/2004 for offence under Sec. 279 and 338 of IPC. After investigation of this case, charge-sheet was submitted against accused/driver (first respondent-Sudhir Kumar) for having committed offence punishable under Sec. 279 and 338 of IPC.