TRILOK CHAND Vs. PURSHOTTAM

JUDGEMENT

(1.) BEING dissatisfied and aggrieved by the award dated 24. 8. 2005 passed by the Motor Accidents Claims Tribunal, Khandwa (in short 'the Tribunal')in Claim Case No. 19 of 2004 the claimant-appellant has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (for short 'the Act' ).

(2.) THE claimant-appellant initiated an action under section 166 of the Act on the ground that on 23. 10. 2003 while he was sitting on the back seat of the vehicle bearing registration No. MP 6-E 4056, another truck bearing registration No. MP 12-B 1686 hit him as a result of which he sustained grievous injuries on his left hand. Because of the said injuries sustained, he was taken to Government Hospital, Khandwa for administering treatment and after availing treatment for more than 20 days it became necessary to carry out amputation of the left hand. It was contended before the Tribunal that he was sitting on the back seat; he was driver by profession and he was earning Rs. 3,500 per month along with daily allowance. It was highlighted that he was married and had a large family to sustain and due to these injuries, his future prospects have been affected and hence, he was entitled to compensation of Rs. 15,30,000.

(3.) OWNER and driver of the offending vehicle countered the claim of the claimant on the foundation that the accident had not been caused due to negligence of the driver and, in fact, the accident occurred exclusively due to negligence of the claimant himself and he was not entitled for any compensation.