LAWS(MPH)-2010-2-19

NATIA Vs. TABARAK HUSSAIN

Decided On February 24, 2010
NATIA Appellant
V/S
TABARAK HUSSAIN Respondents

JUDGEMENT

(1.) This appeal is filed by the appellant under Section 173 of the Motor Vehicles Act against an award dated 10th July, 2006 passed by learned Member MACT, Jhabua in claim case No. 125/2003. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 60,000 with interest @ 6% per annum for the injuries sustained, arising out of the accident occurred on 4th June, 2003.

(2.) Appellant had preferred a claim petition under Section 166 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 8,75,000. He had received injuries i.e. fracture of Tibia Fibula bone in right leg.

(3.) The Tribunal has awarded the total some of Rs. 60,000. The certificate of permanent disablement (Ext. P-P/7) is available on record. The Tribunal found it a case of permanent disability to the extent of 30%. In the head of permanent disablement and pain and suffering Tribunal has awarded a sum of Rs. 50,000 and in medical expenses Rs. 10,000.