VIJAY KUMAR DEWANGAN Vs. MOHD. AZIZ ANSARI

JUDGEMENT

(1.) This appeal has been filed by appellant/claimant (injured) under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as ' M.V. Act ') challenging the legality, validity and propriety of impugned award dated 04/05/2013 passed by First Additional Motor Accident Claims Tribunal, Sakti District Janjgir-Champa, (C.G.) (hereinafter referred to as 'Claims Tribunal') in Claim Case No.14/2012 whereby learned Claims Tribunal allowed claim application in part and awarded a total sum of Rs.3,10,091/- as compensation to the claimant in an injury case where the appellant sustained 60% permanent disability as per disability certificate issued by District Medical Board.

(2.) Brief facts for disposal of this appeal are that on 21/06/2010, at about 8.15 P.M., when appellant was travelling on his motorcycle Hero Honda Splendor Plus bearing registration No.CG11-BA-0917 (hereinafter referred to as 'motorcycle') from village Adbhar to Choriya. When he reached near village Suvadera, one Truck (Trailor) bearing registration No.CG04-JB-7020 (Old Registration No.HR-47- 8239) (hereinafter referred to as 'offending vehicle') driven by respondent No.1 suddenly stopped the offending vehicle without use of any indicator. On account of sudden stopping of offending vehicle on center of the road, appellant dashed the offending vehicle on its back side, due to which, appellant sustained grievous injuries over his head, spinal bone and other parts of body. Looking to injuries, he was immediately taken to Community Health Centre, Sakti, from where, he was referred to CIMS, Bilaspur, thereafter he was shifted to Dr. Bhimrao Memorial Hospital, Raipur where he took treatment as indoor patient from 22/06/2010 to 18/07/2010 and undergone operation. Due to lying on bed, he suffered with Bedsore on his hips, for which, he was again admitted to Mission Hospital, Champa from 30/07/2010 to 09/08/2010. From the date of accident, appellant took continues treatment from various hospitals, but he could not cure. The appellant suffered paraplegia in lower part of body from his waist and he also lost control over his nature's call.

(3.) On account of permanent disability of paraplegia on lower part of body appellant filed claim application under Section 166 of M. V. Act before competent Claims Tribunal for grant of compensation claiming Rs.25,92,500/- on various heads.