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2005 Supreme(Chh) 212

A.PATNAIK, SATISH K.AGNIHOTRI
Arvind Kumar Sharma – Appellant
Versus
Roshanlal – Respondent


JUDGMENT

A.K. Patnaik, C.J.

1. This is an appeal under Section 173 of Motor Vehicles Act, 1988 against the award dated 1.2.1994 of the Fourth Additional Motor Accidents Claims Tribunal, Bilaspur in Claim Case No. 52 of 1990.

2. The facts briefly stated are that the appellant was working as Assistant Engineer in Irrigation Department in the State of Chhattisgarh. In the year 1990 he was posted as Sub-Divisional Officer of Bango Division of the Irrigation Department. On 7.6.1990 while he was going to Bilaspur by his official jeep having registration No. MPZ 7699 in connection with some official work, he met with an accident with bus having registration No. MP 26-0301 which was coming from the opposite direction. The said bus was insured with Oriental Insurance Co. Ltd., respondent No. 3. In the accident the left eye of appellant was completely damaged and appellant claimed a total compensation of Rs. 7,80,000. The claim was contested by insurance company, respondent No. 3 and Tribunal awarded a total compensation of Rs. 52,500.

3. Mr. Vimlesh Bajpayee, the learned Counsel for the appellant submits that it is not in dispute that the appellant has completely lost his left eye and has suffe








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