NEW INDIA ASSURANCE COMPANY LTD Vs. SALIKRAM

JUDGEMENT

(1.) HEARD.

(2.) THIS appeal is directed against the award dated 13-10-2006 passed by Shri N.D. Ekka, Additional Motor Accidents Claims Tribunal, Khairagarh (henceforth 'the MACT') in Claim Case No. 24/2005, whereby the MACT has awarded Rs. 2,42,000/- to Respondent No. 1 /claimant for the permanent disability suffered by him due to the accident.

(3.) LEARNED Counsel for the Appellant/insurer has made a two-fold submission in this appeal. Firstly, that the MACT ought to have taken the monthly income of Respondent No. 1 /claimant at Rs. 1,500/- in view of the admission made by the claimant in para 12 of his testimony that he was earning Rs. 40-50 per day on the date of accident. Secondly, it was urged that without giving the Appellant/insurer an opportunity of cross-examining the expert giving disability certificate as also the treating Psychologist or Surgeon, the assessment of the compensation awarded by the MACT could not be sustained under law.