RAMESHWAR Vs. SALIM KHAN

JUDGEMENT

(1.) APPELLANT herein Rameshwar, aged 25 years, working as labourer had met with a motor accidents on 4.8.2000. On account of the said accident he had sustained fracture of right leg. He was treated initially at Kukshi in Civil Hospital, Kukshi and was taken to Barwani for further treatment. On account of the permanent disability sustained by him he filed a claim petition before the Motor Accidents Claims Tribunal, Dhar, registered as MV Case No. 188 of 2000, decided on 23.10.2003, whereby the appellant has been awarded a sum of Rs. 65,000/-. This appeal is for enhancement.

(2.) DR . P. Gupta (PW 2) has deposed that appeallant's permanent disability in right leg is to the extent of 40%. This evidence has gone unrebutted. Thus, there is no reason to disbelieve the evidence of Dr. P. Gupta, who had examined the appellant after the accident. Evidence of Rameshwar (PW 1) is also in confirmity with the evidence of Doctor. He has also proved the accident and sustaining injuries in the said accident.

(3.) THE appeal, thus, stands allowed to the extent mentioned hereinabove. Respondents to bear the coats throughout. Counsel's fee Rs. 1,000/- if certified. "