GAJENDRA SINGH Vs. PARIMALSINGH & OTHERS

JUDGEMENT

(1.) Assailing the award dated 04.11.2008, passed by the 3rd Motor Accident Claims Tribunal, Morena, in Claim Case No.99/2007 on the point of inadequacy of the compensation, the injured appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for an accident took place on 10.03.2006 in which he sustained various injuries and permanent disability i.e. fractures of orbit, left maxilla, left remus of mandible and 6th and 7th left ribs.

(2.) The appellant had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.18,20,000/- 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.1,25,000/-. The certificate of permanent disability (Ex.P-128) is available on record. The Tribunal believing the certificate of permanent disability recorded a finding as regard to the permanent disability to the extent of 50% but directed to pay the compensation in lump-sum.

(3.) Smt. Meena Singhal, learned counsel appearing on behalf of the appellant has contended that the Tribunal has awarded a total sum of Rs.1,25,000/- , out of the said amount Rs.50,000/- in the head of permanent disability and the remaining amount has been awarded in medical expenses and conventional heads. It is a case of loss of left eye and also fracture in upper part and outer wall of left maxilla, orbit, left remus of mandible and 6th and 7th ribs of left side. In the said head the Tribunal has not awarded any amount for loss of vision due to loss of left eye and the disfiguration of the face and for the other injuries, however, the adequate amount of compensation in the facts of the case may be awarded.