JUDGEMENT
Parth Prateem Sahu, J. -
(1.)Appellant/claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act') challenging the impugned award dated 30.07.2014 passed by the Fourth Additional Member to the Court of First Additional Motor Accident Claims Tribunal, Bilaspur, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Claim Case No.13 of 2013 whereby learned Claims Tribunal allowed the application in part and awarded Rs.4,08,000/- as total compensation in an injury case.
(2.)Facts relevant for disposal of this appeal, are that, on 05.01.2011, appellant/claimant was travelling on Auto- rickshaw from Nawadeeh Chowk to Bilaspur, when Auto- rickshaw reached near pond just ahead Nawadeeh Chowk, one Hyva Truck bearing No.CG-10/C/3428 (hereafter referred to as 'offending vehicle') driven by non-applicant No.1 rashly and negligently, dashed the Auto-rickshaw and caused accident. In the aforesaid accident, appellant/claimant suffered grievous injuries over her person including left leg. Appellant was immediately taken to Primary Health Center from where she was referred to higher Hospital. She was admitted at Chhattisgarh Institute of Medical Sciences at Bilaspur (in short 'CIMS'). Accident was reported to concerned Police Station, based upon which, crime was registered against non-applicant No.1.
(3.)Appellant/ claimant filed an application under Section 166 of the M.V. Act pleading therein that in the accident, she suffered fracture injury over her left femur and lacerated would over her left calf muscle region; she also suffered injuries on other parts of body; she was admitted to CIMS Hospital, underwent operation and steel road was implanted. She remained under treatment at CIMS Hospital from 05.01.2011 to 08.03.2011 and she was on bed for about eight months. On account of motor accidental injuries, she suffered permanent disability; unable to walk without support of crutches and claimed Rs.10,07,000/- as total compensation on different heads.
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