KAILASH Vs. OM PRAKASH YADAV

JUDGEMENT

(1.) THIS appeal is filed by the claimant under Section 173 of the Motor Vehicles Act for enhancement of compensation against the award dated 9-9-98 passed in Claims Case No. 49/95, of the Court of Third Additional Member/ Judge, Motor Accidents Claims Tribunal, Shivpuri.

(2.) THE brief facts of the case are that : on 16-1-1995, the appellant claimant was travelling in a bus bearing No. M. P. 07b/8386 which met with an accident. Due to the said accident the appellant suffered grievous injuries and one of his hands was fractured and remained under plaster for 45 days. He was also suffered other injuries of grievous nature. The appellant filed a claim petition before the Claims Tribunal for compensation for the injuries sustained by him. The Tribunal awarded Rs. 25,612/- to the appellant/claimant. Out of the said amount Rs. 612/was awarded towards treatment while Rs. 25,000/-was awarded towards compensation. The Claims Tribunal in Para 42 of its judgment has held that the injuries caused to the appellant has resulted 30% permanent disablement, due to which, the income of the appellant is reduced from Rs. 70/- per day to Rs. 30/- per day.

(3.) THE appellant has examined Dr. R. S. Gupta (A. W. 20) to prove the nature of injuries. Shri Gupta in Para 2 of his statement has stated that he has examined the claimant and found three lacerated wounds on his body and he has issued a report (Ex. P-3 ). Ex. P-13 is the disablement certificate issued by the same doctor. After appreciating the medical evidence on record, the Tribunal has held that the appellant has suffered 30% permanent injury. This finding is not challenged before me by any of the parties.