AMIT PATHAK Vs. RAMSIYA

JUDGEMENT

(1.) This appeal has been preferred against the judgment and award dtd. 28/1/2016 passed by the Additional Member, Motor Accident Claims Tribunal (hereinafter referred to as "the MACT"), Katni in MACC No.152/2012 filed by the appellant - Amit Pathak @ Lucky for enhancement of the quantum of compensation.

(2.) For the sake of convenience, the parties are referred to as they arrayed before the Motor Accident Claims Tribunal (in short "MACT").

(3.) Brief facts as culled out from the record are that on 25/5/2012 at about 05:30 pm, the appellant Amit @ Lucky alongwith his friend Sunil Barman (pillion rider) were proceeding to Kymore from Katni on their motor cycle bearing No.MP-21-MC-0107, when they were reached near Chaka village, the offending vehicle/truck bearing No.MP-17-HH-2088 coming from opposite direction(wrong side) in rash and negligent driven by its driver (respondent no.1) and dashed against the motor cycle, due to which, the appellant sustained severe injuries over head, both hands, leg and chest. He was taken to MGM Hospital, Katni for treatment. During his treatment, three fractures found over his head, five fractures in the tibia bone of right leg and right hand, blood clotting in ribs, he was operated and sustained permanent disablement. On the information received by Police Kuthla, ASI recorded the statement of injured/claimant and registered a case in Crime No.219/2012 against the non-applicant No.1 for offence under Ss. 279, 337 and 338 of IPC. After investigation of this case, the charge-sheet was submitted before the Court of ACJM, Katni against accused/driver (respondent no.1), for the offence punishable under Ss. 279, 337 and 338 of IPC.