The main legal point established is the assessment of compensation for permanent disablement and medical treatment under the Motor Vehicles Act, based on medical evidence and relevant legal principles.

ORDER :

This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “MV Act”) has been filed by the appellant/claimant being aggrieved by the award dated 31.03.2017 passed in Claim Case No.475/2015 by the learned Second Additional Motor Accident Claims Tribunal (FTC) Bilaspur (CG).

2. The appellant/claimant filed application under Section 166 of the MV Act claiming compensation of Rs.15,20,000/- on account of the injuries sustained by him in an accident that took place on 18.04.2015 by rash and negligent driving of the offending vehicle car bearing registration No. CG 12-R-3368 driven by the respondent No.1-driver owned by respondent No.2/owner and insured with the respondent No.3/Insurance Company.

3. As per the claim application, on the date of accident ie. 18.04.2015, when the appellant/claimant along with his friend was crossing the road near the liquor brewery, Beltara bus stand, the offending vehicle coming from opposite direction hit the appellant/claimant as a result of which he sustained grievous injuries internally and externally on all over the body. There was excessive bleeding from his head and he fell unconscious, people nearby the vicinity took him to Govt. hospital, Ratanpur and looking to his serious condition, he was shifted to CIMS Hospital from where he was advised to be shifted to another hospital and then was taken to Gaurav Hospital, Bilaspur where he remained admitted from 18.04.2015 to 06.05.2015. Appellant has stated that he remained unconscious for about 45 days and due to the injures sustained by him on his head, he is unable to stand, walk or talk as well as he is unable to read and has lost the power to think and understand.

4. The respondent No.1 & 2/driver and owner filed written statement and denied the averments of the claim application. The offending vehicle was insured with the respondent No.3/Insurance Company and was driven by the driver with valid and effective driving license and the respondent No.3/Insurance Company is liable to pay the compensation.

5. Respondent No.3/Insurance Company also filed its written statement and denied the claim application. It was pleaded that the contributory negligence by the appellant/claimant cannot be ruled out. The driver of the offending vehicle was not holding valid and effective driving license. Hence, the Insurance company is not liable to pay the compensation and prays for its exoneration.

6. On the basis of the above broad pleadings, the learned tribunal has framed issues with regard to rash and negligent driving, permanent disablement, violation of the insurance policy and the amount of compensation which were decided in favour of the appellant/claimant. Learned Tribunal found the respondent No.1/driver responsible for the accident as the offending vehicle was driven by him rashly and negligently on account of which the appellant become permanently disabled. The violation of the insurance policy was said to have been not proved and therefore the Learned Tribunal awarded Rs. 3,70,241/- as compensation in favour of the appellant/claimant.

7. The issue with regard to violation of the policy and rash and negligent driving are not being challenged by the appellant/claimant and therefore they have attained finality. The question which was before the learned Tribunal is with regard to just compensation to be awarded in favour of the appellant/claimant.

8. At the time of accident, the appellant/claimant was aged about 9 years. Ravi Das (AW-1) father of the appellant (next friend) in his affidavit under Order 18 Rule 4 has stated that due to the accident, the appellant/claimant suffered internal and external injuries on his head, face, mouth and other parts of his body including elbow, waist back, right leg. He has also stated that there was excessive bleeding from the head and was immediately rushed to the Govt. Hospital, Ratanpur by the people