MANISH Vs. ANSAR ALI

JUDGEMENT

(1.) Arguments heard finally with the consent of Learned Counsel for the parties.

(2.) On 23rd July, 2007 the Appellant was travelling in his Qualis car No. MP04 F-7007 which had met with an accident by a Tanker No. MP-04-K-6723 due to rash and negligent driving of the Tanker. The Appellant had received injuries in the accident and the Qualis car of the Appellant was damaged therefore, he had filed Claim Petition before the Tribunal seeking compensation for the injuries received by him and the damage suffered "by the car.

(3.) The Motor Accident Claims Tribunal by the impugned award dated 29th September, 2007 held that since the part of the compensation amount in respect of the damage to the Qualis car was received by the Appellant from the Insurance Company of the car without any objection, therefore, he is not entitled for any compensation amount on this account. The Tribunal found that the Appellant had suffered permanent disability to the extent of 10% on the left hand and has awarded Rs. 40,000 on account of permanent disability, Rs. 37,000 on account of the actual medical expenses, Rs. 3,000 on account of loss of income during the treatment period and Rs. 2,000 on account of physical and mental pain and suffering. Thus, the Tribunal awarded a sum of Rs. 77,000 alongwith the interest at the rate of 7% from the date of filing of the application.