AHRAR ALAM Vs. KISHORE KUMAR MANTRI

JUDGEMENT

(1.) Heard, learned counsel for the parties.

(2.) Learned counsel for the appellant, Mr. Arvind Kumar Lall has submitted that claimant/injured (Ahrar Alam @ Ehrar Ansari) has preferred this appeal for enhancement of the award dtd. 15/4/2019, passed by learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi, in Motor Accident Claim Case No.132 of 2013 whereby the injured (Ahrar Alam @ Ehrar Ansari) has been awarded compensation to the tune of Rs.1,93,669.00 along with interest @ 9% per annum from the date of award till its realization. The learned Tribunal has considered 40% 'Partial Permanent Disablement' in his right lower limb due to 'Post Traumatic Stiffness' as 20% loss of earning capacity of the applicant/claimant/appellant, who was a whole seller of vegetables.

(3.) Learned counsel for the appellant, Mr. Arvind Kumar Lall has submitted that on 25/6/2011 at abut 9.30 A.M. injured/appellant, namely, Ahrar Alam @ Ehrar Ansari was going on a motorcycle bearing registration No.JH01AD-4473 as a pillion rider. The offending Mantri Bus bearing registration No.JH01AA-9291 coming from opposite direction driven rashly and negligently dashed against a Figo Car bearing registration No.JH01AQ-8778 and in same continuation it also dashed against the injured applicant riding the motorcycle. The case was instituted as Bero P.S. Case No.49 of 2011 dtd. 25/6/2011 against the offending bus bearing registration No.JH01AA-9291, for the offence under Ss. 279, 337 and 338 IPC and after investigation, police has submitted charge-sheet against the driver namely, Kishore Kumar Keshari of the aforesaid bus vide charge-sheet no.62 of 2011 dtd. 21/8/2011.