IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR ® c M.A(lNO. ^o^ /2008 I'.^SvOR iLliiSIS^ APPELLANT NON-APPLICANT ..-•"^ •••'^'^\ ,^':y^^ ^^"'...-•^ ^.- Prem Singh Patel, S/o. Jagatram Patel, Aged about 49 years, R/o. Sirsida, P.8. Pulgaon, District Durg. Working ^ Posted as Manager, Durg Rajnandgaon Rural Bank, Jagannathpur Sankara, Tahsil Balod$(, District Durg (C.G.). VERSUS -^-0& RESPONDENT APPLICANT <^ VAbdul Mohmood, S/o. Late Janab Abdul Basir, Aged about 41 years, R/o. DaUi Road, Amapara, Balod, Tahsil Balod, District Durg (C.G.) ^ APPEAL UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 s^ ^ ^v^, HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANT RESPONDENTS M.A. (C) No. 208 of 2008 Prem Singh Patel Versus Abdul Mohmood APPEAL UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT DB: Hon'ble Shri Justice I.M. Quddusi & Hon'ble Shri Justice N. K- Agarwal. Present : Shri Pawan Kesarwani, Advocate for the appellant. Shri BP Singh, Advocate for respondent. ORAL ORDER (Passed on 14.12.2010) Per: I.M. Quddusi, J. 1. The instant appeal has been preferred by the appeltant/owner, against the award dated 03.12.2007, passed by the Additjonal Motor Accident Claims Tribunal, Balod, Distt. Durg (for short 'the Tribunal') in claim case No. 31/05, awarding Rs. 11,76,814/- as compensation in favour of the claimant/respondent and as against the appellant/owner. 2. Brief facts of the case according to the appellant are that, on 29.03.2005, claimant Abdui Mahmood while returning from Gunderdehi to Balod along with his friend Vipul Soni by TVS motorcycle, was dashed by the driver of offending vehicle bearing registration No. CG-07-ZD-9374 due to which he sustained multiple jnjuries in the said accjdent. 3. The claimant preferred an application before the Tribunal under Section 166 of the Motor Vehicles Act, claiming compensation to the tune of Rs. 21,10,7607- for the said accident. 4. The Tribunal, on a close scrutiny of the evidence led by the parties, the material available onthe record, and submissions of the parties, awarded a total sum of Rs. 11,76,814/- as compensation in favour of the claimant. 5. It is not disputed that the medteine bills are reimbursed by the government as the injured claimant was posted as Sports Officer in Govt. P.G. College, Balod. The Tribunal has awarded Rs. 84.054/- towards medical expenses, besides this, the quotation given by M/s Radsun Health Care, appears to be more than the actual cost of auto pilot electric intelligent knee, therefore, we are of the opinion that the Tribunal has awarded Rs. 1 Lakh excessive towards medicine bills as well as knee kit price, therefore, the award is modified to our opinion reducing Rs. 1 Lakh to the extent of Rs. 10,76,814/-. It is also clarified that rest of conditions given by the Tribunal in the award impugned shall remain intact e)tcept that Rs. 6 Lakhs would be kept with the Tribunal for payment of auto pilot electric intelljgent knee which will be made by the Tribunal to the extent of Rs. 6 Lakhs, but, in case, the price of the same is reduced, the rest ofthe amount after making payment ofthe said electric intelligent knee shall be refunded to the appellant/owner of the vehtele. 6. The appeal is accordingly allowed in part to the above extent. 7. However, in the facts and circumstances of the case, there shall be no order asto costs. Sd/- I.M.Quddusi Judge Sd/- N. K. Agarwal Judge