VIJAY BAHADUR Vs. NARESH

JUDGEMENT

(1.) R.K.GAUBA, J 1. The appellant suffered injuries in a motor vehicular accident that occurred on 5.4.2009 involving a collision against a vehicle described as Tata Tempo 407 bearing registration No. DL 1LG 2527. He filed a claim case before the Motor Accident Claims Tribunal (the tribunal) which registered it as Suit No. 191/2009 and by judgment dated 17.7.2010 granted compensation in the total sum of Rs. 5,21,102/ - with interest @ 7.5 % per annum from the date of filing of the petition till realization. In the claim petition, besides the driver and owner (the first and second respondent), the insurance company (the third respondent) was also impleaded. Since the insurance was admitted, while holding the driver and owner jointly and severally liable to pay the compensation, the insurance company was burdened with the liability to indemnify.

(2.) The appellant preferred this appeal in 2011 seeking enhancement of compensation. It is noticed that on some dates of hearing, request was made on his behalf for opportunity for an application to be moved to adduce additional evidence. It was not explained at any stage as what would be the purpose or import of the additional evidence which the appellant sought to bring on record. Be that as it may, inspite of opportunity, no such application was filed and no further material was submitted.

(3.) The tribunal considered the disability certificate (Ex.PA) issued on 15.3.2010 by a medical board of Hindu Rao Hospital affirming that the appellant has suffered disability to the extent of 23% of the right lower limb on account of injuries which are described as fracture in the right lower limb, particularly, fracture in shaft of femur with fracture of the right foot. The medical board found the said disability to be permanent. Since the medical opinion relates to the disability vis -à -vis the right lower limb, in the opinion of the tribunal, the disability to the extent of 15% in relation to the whole body required to be factored in.