KRISHNA PILLAI Vs. JALAL AHAMED

JUDGEMENT

(1.) PETITIONER herein is the appellant in the above appeal. He was injured in a motor vehicle accident on 1-12-1985. He filed claim petition before the Tribunal claiming Rs. 1,00,000/- as compensation on the allegation that the motor vehicle was driven in a rash and negligent manner and such driving was responsible for the accident. The Tribunal held against the claimant and accordingly dismissed the claim petition, dismissal is challenged in the appeal.

(2.) PETITIONER has filed this C.M.P. contending that in any event under Section 92-A of the Motor Vehicles Act he was entitled to be awarded a sum of Rs. 7,500/- (on account of permanent disablement) and the Tribunal was in serious error. He, therefore, prays that this Court may award it. The application is strenuously opposed by the third respondent, insurer, who has filed a counter. Learned Counsel for the respondent submits that no amount could be directed to be paid by the insurer under Section 92-A because the claimant did not file a formal application in that behalf. According to the learned Counsel, Tribunal could not exercise the power suo motu. He also contends that permanent disability has not been proved.

(3.) THE present claim is under Section 92-A of the Motor Vehicle Act. It reads thus: