SON SINGH Vs. ISHWAR SINGH

JUDGEMENT

(1.) BY this appeal under section 173 of the Motor Vehicles Act, 1988 the appellant/claimant has challenged the order passed by the II Additional Motor Accident Claims Tribunal, Mandla in Claim Case No. 76/03, rejecting the appellant's application seeking compensation under no fault liability filed u/s 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) holding that the appellant has not suffered any permanent disablement as defined u/s 142 of the Act and the driver was not holding valid driving licence.

(2.) SHRI Sanjay Saini learned counsel for the appellant contended that the Claims Tribunal has committed gross illegality in rejecting the application ignoring the provisions contained in Sections 140 and 142 of the Act.

(3.) THE medical certificate filed by the appellant clearly demonstrates that the appellant suffered permanent disablement as referred in sub-clause (c) of Section 142. The rejection of the certificate by the Tribunal on the ground that there is no mention of percentage of permanent disability is against the spirit of Section 142 of the Act. Section 142 of the Act provides 'disfiguration of the head or face' to be permanent disablement. Therefore, the percentage of loss of disablement is hardly relevant while dealing with the aforesaid application as the same is not the requirement of law. If the injury is covered in any of the injuries referred in Section 142 of the Act then it would be deemed to be a permanent disablement.