MAHESH Vs. SHAMSHAD

JUDGEMENT

(1.) This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the Principal Civil Judge (Sr.Dn.) and Member, MACT, Hubballi (hereinafter referred to as 'The Tribunal', for short), by its judgment and award dated 27.11.2009 in MVC No.275/2006.

(2.) The appellant/claimant in his memorandum of appeal has taken a contention that the Tribunal below has failed to consider the income of the injured, who was earning Rs.4,000/- per month. As such, without any reasons, it has confined the income at Rs.3,000/- per month. It also did not consider the medical expenses incurred by the injured towards his treatment, which has resulted in awarding a meager compensation of Rs.30,000/- under the said head. Further stating that, without appreciating the evidence of PW2 - doctor properly, the Tribunal below has committed an error in confining the percentage of permanent disability at 20% only, which has resulted in awarding a meager compensation, the appellant has prayed for allowing the appeal by enhancing the compensation as prayed in the claim petition.

(3.) On notice being issued, respondents No.2 and 3 are being represented by their respective counsels. Notice issued to respondent No.1 was returned un- served with a postal shara that the said respondent was passed away. The appellant has not taken further steps to bring the legal representatives of the said respondent No.1. However, the learned counsel for the 2nd respondent in his submission, before the argument on the main matter, submitted that the Insurance Company has admitted its liability towards the claimant/appellant. The said submission has been recorded in the order sheet on 15.06.2017. The records of Tribunal below were called for and the same are placed before me.