f IN THE HIGH COURT OF CHHATHSGARH AT BILASPUR UQ,(S^ ^...«___, Sisigie Bench MA.C. No. ^ ^ ^—^. APPELLANT ^'Balram Rajware S/o Late Ghurva ^A^ ty ~ T .. - ^ _ Rajware , Aged abouf 45 yr& C< -f^'^LO&R.; T)RtVE(^T- 1WJ"*"^ 1 Rajwar, Occupation Govtt Seivice R/o ViII. Latori Thana / Tah. Lakahanpur, Distt. Sarguaja [C,G,] \° ....•:<^'-\. :0\' ,.(^^-' ^ ..•B'^>-" .•***' :~-:y^ .-^ •^•' ^ •^" ..'»» ..• ^c-^ VERSUS ^ RESPONDENT ^eL^^^MTL Pevman S/o Jolo Rajwar ^ A@sd about 45yrs, Oecupation -Agrieul- ture and Carpenter, R/o Vill< Korja Thana / Tah. Lakahanpur^ Distt SarguajafC.O.j ^^ MEMORANDUM OF APPEAL U/S 173 OF THE MOTOR VEHICT E ACT (7 HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.CNo. 647 of 2010 Appe!lant/ Owner/Driver Respondent/ CSaimant Bairam Rajware Versus Devman APPEAL UNDER SECTION 173 OF THE MOTOR VEH!CLES ACT |SB: Hon'bte Mr. N.K. Aaaw^al, J.l Present : Shri Vivek Kumar Pandey, Advocate for the appeiiant. OR.AL ORDER (Passed on 9th day of Augiist, 2010) Heard on admission. 1. This is Owner/Driver's appeaj directed against the award dated 13.04.2010, passed by the Additiona! Motor Accident CJaims Tribuna! Surguja (for short 'the Tribunal') in claim case No. 79/2008. 2. Brief facts of the case are that, on 21.01.2008, Yamaha motorcycle bearing registration No. CG 15-C-3069 being driven by the appeltant, dashed the respondent pursuant to whlch the respondent sustained grievous Injuries and remalned unconscious for three days and he was treated at ^41ssjon Hospital, Ambikapur and ateo in Apofio Hospital, Bliaspur. 3. The respondent/claimant preferred appilcation before the Tribunal under Section 166 of the Motor Vehides Act, cSalming compensation to the tune of Rs. 18,01,009,58/- for the injuries '&Sa-sgsf3y 15 N*Nh, sustained by him on account of the said accident agajnst the appellant. 4. The Tribunai, on a close scrutiny of the evidence !ed by the parties, the material avajlable on the record, and submisslons of the parties, he!d respondent was unable to prove any disability as he has not examined any Doctor, however, the Tribuna! awarded Rs. 81,000/- towards medical expenses, Rs. 5000/- towards pain & sufferance, Rs. 5000/- towards transport expenses and Rs. 9000/- towards loss of income and thus awarded total sum of Rs. 1,00,000/- in favour of claimant/respondent. 5. Having considered the facts and circumstances of the case that a sum of Rs. 81,000/- has been awarded towards medica! expenses which remained unchailenged, I do not find and substance in the appeal. 6. The appeal being devoid of substance is liable to be and is hereby dismissed. No order as to costs. Sd/- N.K. Agarwal Judge Sahu