RAMESH CHANDRA Vs. REGIONAL MANAGER AND OTHERS

JUDGEMENT

(1.) We have heard Sri B.P. Tiwari, learned counsel for the appellant and perused the impugned award. Aggrieved with the amount of compensation awarded to the appellant by M.A.C.T./A.D.J. Court No. 8. District Aligarh in M.A.C.P. No. 174 of 2002 the instant appeal has been filed alleging that the learned Tribunal has failed to consider the disability of the appellant and his medical bills/receipts have been wrongly discarded by the Tribunal.

(2.) It appears that in an accident dated 12.3.1998 the appellant who was riding on his scooter was dashed by truck bearing registration No. U.P. 70K/9561 by its driver driving his vehicle in rash and negligent manner. The left leg of the appellant was crushed and he also suffered injuries on other parts of the body. He was admitted in J.N. Medical College for treatment. He also took treatment in Shanti Nursing Home and in the treatment a sum of Rs. 2,00,000 were spent and appellant has become permanent disabled as his toe of left leg had to be amputated. He filed claim petition for an award of Rs. 6,05,000 against the driver, owner and insurer of the aforesaid truck. The claim petition was contested by the insurance company. The owner and insurer of the truck did not contest the case. The claimant adduced his oral and documentary evidence. The Tribunal after hearing the parties' counsel and perusal of record has partly allowed the claim petition for a sum of Rs. 30,834 together with simple interest @ 6% per annum.

(3.) Learned counsel for the appellant has vehemently argued that Tribunal has illegally discarded the disability certificate of the appellant in which his permanent disability to the extent of 42% had been shown and has not taken into consideration all the bills, receipts etc. filed by him.