KASHIRAM Vs. AMMAN KHAN & ORS

JUDGEMENT

(1.) This appeal is filed by the claimant under section 173 of the Motor Vehicles Act, 1988 against the award dated 3-2-2009 passed by learned MACT, Kukshi, District Dhar in Claim Case No. 65/2008.

(2.) The appellant had suffered injury in the road motor accident which had taken place on 14-2-2008. Accordingly, he had filed the claim petition before the Claims Tribunal. The Tribunal noted that the appellant had suffered permanent disability of 12.79% disability on one hand which in reference to the whole body was calculated as 4%. The Tribunal awarded a sum of Rs. 15,360/- under the head of permanent disability, Rs. 500/- for loss of income during the treatment period, Rs. 1,000/- for loss of enjoyment of life, Rs. 1,500/- for the transportation. Thus, the Tribunal awarded a sum of Rs. 21,910/- along with the interest @ 9% from the date of application till realisation. The Tribunal exonerated the Insurance Company on the ground that the vehicle in question i.e. the passenger bus No. MP09-S/3519 which had caused the accident was running without permit.

(3.) The learned counsel appearing for the appellant submitted that the Tribunal has committed an error in exonerating the Insurance Company. He further submitted that the Tribunal has not looked into the complete evidence on record while assessing the permanent disability and while awarding the compensation.