RAJU CHOURASIYA Vs. SUNIL MAHESHWARI

JUDGEMENT

(1.) ASSAILING the award dated 07.12.2009, passed by the 3rd Additional Judge to the Court of 1st Additional Motor Accident Claims Tribunal, Gwalior, in Claim Case No.48/2009 on the point of inadequacy of the compensation, the appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for an accident took place on 05.11.2006, in which he sustained severe injuries and permanent disability.

(2.) THE appellant had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.12,00,000/- for the injuries sustained by him. The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs.1,70,685/-.

(3.) INSURANCE Company has filed its reply and inter alia contending that the accident has not taken place from the offending vehicle truck, therefore, the company is not liable to pay the amount of compensation. In addition thereto it is submitted that there was a violation of the terms and conditions of the Insurance policy, therefore, also they are not entitled to pay the amount of compensation. The learned Claims Tribunal after considering the evidence so brought on record, recorded the finding that the accident has been caused by dashing the loading Auto from offending truck wherein the injured has received the injury over the right eye and complete loss of visions is there. The finding has also been recorded that it is a case of 100% permanent disability because the vision in left eye was already not good. Considering the aforesaid, the Tribunal awarded the sum of Rs.1,70,685/- out of the said amount Rs.1,00,000/- has been awarded in the head of permanent disability, Rs.50,000/- in the head of pain and suffering, Rs.10,000/- in the head of special diet and Rs.10,685/- in the head of medical expenses.