BUDHESINGH Vs. AMMAN KHAN

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 M.A.C.T., Kukshi, District Dhar in Claim Case No. 62 of 2008.

(2.) The appellant had suffered injury in a 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 12.62 per cent in the right leg and disability in reference to the whole body was calculated as 4 per cent. Tribunal found the age of the appellant as 40 years and applied multiplier of 16. The Tribunal assessed the monthly income of the appellant as Rs. 2,000. Thus, the Tribunal awarded a sum of Rs. 15,360 on account of permanent disability suffered by the appellant. The Tribunal awarded a further sum of Rs. 700 under transportation charges, Rs. 1,500 for hospitalisation charges, Rs. 1,000 for the actual medical expenses, Rs. 2,000 for loss of income during the treatment period, Rs. 2.000 for special diet, etc. Thus, the Claims Tribunal awarded a sum of Rs. 22,560. Tribunal exonerated the insurance company on the ground that vehicle in question, i.e., the bus No. MP 09-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.