K P BHASKARAN PILLAI Vs. JALEEL 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 lakh 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 S.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 S.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.) There can be no dispute that the claimant had sustained certain injuries in the accident He received medical treatment also. Ext.A5 is a copy of the wound certificate. Ext.A6 is the discharge card issued to him from the Medical College Hospital, Trivandrum. Exts.A7 and A8 are similar cards. Ext. A9 series are medical bills. Ext. A12 is the disability certificate issued by the Medical Officer of the Medical College, Trivandrum. Ext.A6 shows that the petitioner had compound fracture of both bones of the right leg and has undergone three major surgical procedures at the hospital. The certificate shows that 100% temporary disability from the date of injury till February 1987 and 17% permanent disability has been assessed. Permanent disability is on account of limitation of right angle movement and limitation of knee flexion up to 80 o (Rt) with chronicostemyelities right tibia. Certificate was marked evidently without objection and provides ample material to show that there is a permanent disablement sustained by the petitioner.