SOHANLAL GUPTA Vs. SAKIR ANSARI AND ANOTHER

JUDGEMENT

(1.) This appeal is filed by the appellant under Section 173 of the Motor Vehicles Act against an award dated 20th July, 2016, passed by learned 9th Addl. MACT, Jabalpur, in MVC No. 225 of 2015, whereby, by the impugned award, the Claims Tribunal has awarded a total sum of 66,400/- with interest @ 8% per annum to the appellant by way of compensation on account of the amputation of index finger of left hand of the appellant in the accident occurred on 3rd September, 2014.

(2.) Briefly stated facts of the case are that on the date of incident, i.e. 3rd September, 2014, when the appellant was going with his Thela near Chirayu Hospital, Jabalpur, after selling fruits, the respondent No. 1, driver of offending vehicle (Ambulance) bearing registration No. MP-20-DA/ 1225, by driving it rashly and negligently at a very high speed dashed the appellant from back side and caused injuries to him left claw and various parts of the body. Thereafter, appellant was treated at Govt. Medical Hospital, where after X-ray was taken, it was found that two fingers of his left hand were fractured and damaged. The report of the incident was lodged at Police Station Madan Mahal, District Jabalpur, thereupon Cr. Case No. 321/2014 for offences under Sections 279 and 337 of the Indian Penal Code was registered and Challan has been produced. After X-ray, fracture of 4th and 5th metacarpals of left head was found and then case under Section 338 of I.P.C. was added.

(3.) Appellant had filed a claim petition under Section 166 of the Motor Vehicles Act, seeking compensation. According to the appellant compensation awarded by the Tribunal is meager and deserves enhancement; however, by filing the appeal inadequacy of the compensation has been assailed.