liiE'.fEi !1 ISS; Li i U E i:;i .SiKSBSi.' ii ;LiU IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR(C.G.) :0 Miscellaneous appeal'*NO .°<&..-?./2006. APPELIANT. RESPONDENTS A0-' <fw'^y Mannu lal Dewangan S/o shri SudhaRam Dewangan, aged about 33 years, residence of Hathnipara Bhatapara, Thana & tahsil Bhatapara, Dist. Raipur (C.G.) (Owner of the C.G.04 C.C.9824 Motor cycle Hiro- Honda-CD, Down) VERSU 1. TekRam Dheemar S/o Shri Laxmani Dheemar, aged about 32 years, Resident of Village lavai Thana & Tahsil-Bhatapara Dist. Raipur (C.G.) 2. Rohit Dewangan S/o Shri Sudha Ram Dewangan aged about 33 years, residence of Hathnipara Bhatapara, Thana & tahsil Bhatapara, Dist. Raipur (C.G.) (Driver of the C.G.04 C.C.9824 Motor cycle Hiro- Honda-CD,Down) MISCELIANEOUS APPEAI. UNDER SECTION 173 OF THE ^OTOR VEHICLE ACT 1988. XI-HC-78 sn^Tqirf^ii^ craT3:n^?Tsbli°b © qi+ini stiw^ s^'-^raRTO, ®T(I<H'I(»,Ricii+iy \.^..(.CL^.P:.~h(s?.. ^ 200^ aii^Tira^ ('{gfgg^Er) ?^nwiri?3'3n^T Shri R.S. Patel, coimsjc Heard on adiuission. Heard ou I.A. No. 32^ exeinption from. fi1mg typed Coasidered aad ailow) This is owner's aupe^l of Rs.1,55,000/- by tlie Tiibuaal, Bhatapara m. C]t dated 30-06-2006. [t is not disputed by that tb.e claunaat Tekram driven by Rohit Dewaii.gaii result of accident in whicl. appellant received grievous due to iiijuries sufiered by above fhe elbow joint. T'he only poiiit compeiisation awarded bi' Trib'ua.al is excessive aiid It was also urged that fh^ inonmly eaniing fi'oni tlie S[ by him which were allotted KaviQg heard leaTiiesll perused fhe record. Adiui^ 85% perm.aaent disabffity u|i above the elbow jotat due Sp7/2006, which is aii application for |copy of fhe impugaed award. H. against tiie award of coinpensation lAddiuonal Motor Accident Claim.s ^aun Case No.44/2005 vide award nOt Ul 'tiiiFt-i'ifl-i tiii<iT^''te<:fl'iRi«i<. ^a.ri^UTsn^T el for fhe appellaiit. pie leai-ned couiisel fcr the appeUaat •sj'as a piUioii rider on fhe niotor cycle ^iid owned by fhe appellant and as a fhe inotor cycle tuined turfle fhe iajuries. !t is also not disputed that skrain, his nght haad was amputed ur^ed in fhis appeal is fhat tlie leamed Motor. Accidenr Claims just aild i^asonable coaipensation. claiinaiit had faiied to pi-ove ms ['T.D. P. C.O. aad provisioc. stores ruii ta. his wil'e's naine. counsel for ffae appellaat, I have (tedly, fhe claimaat Tekram suflered tlae right hand wtuch was amputed to the accident wnich occun'ed on, ^l- 1 nrIIW.WfPlt"* c|** »w» XI-HC-78 sn^TqiTf^Tra; (W an^r giinq; »<^ S-3 3^ -^WWif, W^\W16, Rlfliyy *ii*i^n sbwft ^ 200 3<1^1 *<s)ch ('icifgsti^sT) S?(IRKHf5cr3TI^T 13-03-2005. The clamiatit wst: owned by fhe appeUaat Iiereia. and was UQt iasured. Considei-nig fhe inedit contiaued treatment, tlie 1< of Rs. 20.000/- for medical awarded for pain and sufferfn eaniitigs. Claimaat Teleraml aud due to aiaputatiou of r| disabitity- of 85% aad was cbi niatltei In this view of tlie fhat th.e com.pensatiou of Rs. M.A.C.T. is just aad reasona1|)le faiilted vrifh. The app'eal is tlie adinission stage. In view of atoove, M.i dismissed and I.A. No.274/: disposed of. »t>i'iiF<-i<fl-< Hitii-iTfftei^'<Rwi< ^?3Tf^T3T1^r s a pillioa rider on fhe Biotor cycle aad diiven by z'espondent No.2 ;al bffls for Rs. 18,206/- and M.A.C.T. has awarded a suin expenses, only Rs.10,000/- was ig aiid Rs.1,20,000/- for loss of was a young niaii aged 32 years ght haiid he suSisred permanent >ro.pletely deprived of his eaiiiiug ter, ! aia of fhe considered opiaion .,50,000/- awarded by fhe leamed coiapensation wliich cannot be levoid of merit aiid is disniissed at q.P. No. 1752/2006 fi?r stay is '007 &r out of tuni Ustuig stand Sd/- Dilip Raosaheb Deshmukh Judge