RAMESH Vs. POOJA TRADERS & OTHERS

JUDGEMENT

(1.) This appeal is by the claimant against the award dated 10.09.2005 passed in Claim Case No.395/04 by the Additional M.A.C.T, Indore.

(2.) For the injuries sustained by the appellant in an accident, learned Claims Tribunal awarded a total sum of Rs.30,000/- payable by the respondents jointly and severally.

(3.) The only point urged in this appeal is with regard to the quantum of compensation awarded by the Claims Tribunal. According to learned counsel, it is on the lower side. At this stage, it is relevant to point out that appellant was employed as a Cleaner of truck bearing registration No.MP-09-KD-1023. On 13.7.2004, appellant was cleaning the wind screen when the truck bearing registration No.MP-09-KD-1355 driven by respondent No.2, owned by respondent No.1 and insured with respondent No.3 came and hit the stationary vehicle causing severe injuries to the appellant. Appellant was admitted to Arihant hospital, Indore for treatment. In the said accident, appellant had sustained fracture of medial malleolus resulting into restricted movement of right knee. He had examined Dr.Kush Bandi to prove Ex.P/7, the disability certificate. According to which, the appellant had sustained 10% permanent disability in the right knee. Claimant had also examined Prashant to prove his income. Learned Claims Tribunal by the impugned award found that the appellant had not sustained any permanent disability as defined in section 142 of the Act and, therefore, has not awarded any sum on that count. That is the only grievance of the appellant in this appeal.