Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.

JUDGMENT :

This appeal filed by the appellant under Section 173 of the Motor Vehicle Act, 1988 (for short “Act”) challenging the award dated 17.12.2021 delivered by the Member 5th Additional Accident Claims Tribunal, Mandla in MACC No.81/2021 granting an amount Rs.1,86,351/- along with @ 7.5 % per annum from the date of application till the payment to the appellant/claimant on account of injury sustained by him in road traffic accident against the respondents jointly and severally.

2. For the sake of convenience, the parties are referred to as they arrayed before the Motor Accident Claims Tribunal (in short “MACT”).

3. The two claim petitions nos.MACC 61/2021 and 81/2021 were tried jointly and the claims preferred were allowed. In this appeal is concerned with the claim petition preferred by the appellant/claimant against the award passed in MACC No.81/2021 dated 17.12.2021

4. The brief facts, necessary for adjudication of this case are that 35 years old Ramesh Sahu, the appellant herein was running an auto and also doing agriculture work and was earning Rs.15,000/- per month at the time of the accident. On 14.12.2020, the appellant/claimant along with Khemchand standing near courtyard of Therendra in village Beeja at about 10:30 a.m. The driver of the offending vehicle bearing Registration No.CG-04-HB 7133 came in rash and negligent manner and dashed the appellant and Khemchand Sahu, due to which, both of them got serious injuries and the appellant herein got fractured on right pubic with left Tibia restricted movement. He was given first aid at Primary Health Centre, Bichhiya thereafter he was shifted to Centre Point Hospital, Nagpur and admitted on 16.12.2020 for treatment and was discharged on 19.12.2020 against medical advised as stated in discharge summary dated 19.12.2020. The matter was reported to the police by appellant -Ramesh Sahu alleging that the alleged accident took place on account of rash and negligent driving of the said Car by its driver. Basing on the said report, Bichhiya Police registered a case in Crime No.333/2020 for offence under sections 279 and 337 of IPC. After investigation of this case, charge-sheet was submitted against accused/driver (Deepak Kumar Sahu) for having committed the offence punishable under section 279, 337 and 338 of IPC.

5. The appellant/injured filed an application claiming compensation a sum of Rs.21,00,000/- before the Claims Tribunal on account of injury sustained by him in the said accident.

6. The first and second respondents have not contested the matter.

7. The third respondent/insurance company filed a written statement contending inter-alia that the averments in the petition are false. It is further averred that the claim made by the appellant is imaginary and for wrongful gain. Further contended that on perusal of first information report dated 14.12.2020, it is clear that the vehicle in question was sold by the second respondent to the first respondent (Deepak Kumar Sahu) but the said vehicle was not registered in his name. The insurance being in the name of the owner Jitendra Sharanagat, therefore, the insurance company is not responsible to pay compensation, the owner of the vehicle has not given any information about the accident and not submitted any documents relating to the treatment. Further averred that the claimant/appellant has not submitted the disability certificate issued by the Medical Board. The appellant/claimant suffered injuries all general in nature. Further averred that the appellant/injured having exaggerated the facts and filed the appeal without producing the bills to get compensation and, therefore, the third respondent is not liable to pay compensation and it is further averred that the compensation claimed by the appellant is excessive and pray to dismiss the appeal.

8. In view of the pleadings of the parties, the learned Tribunal framed the following issues dated 02.08.2021 :-

(i). Whether the accident happened on 14.12.2020 at around 10:30 under the