HAWALDAR SINGH Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal is at the instance of claimant against the award dated 28.2.2004, passed by III Additional Motor Accident Claims Tribunal, Khargone (W.N.) in M.V. Case No. 126/2003, whereby for the injuries said to have been caused to appellant on account of road accident, a sum of Rs. 1,25,000/- has been awarded against respondent No. 1 Insurance Co. Aforesaid amount also carries interest @ 6% p.a. from the date of application, till it is actually paid. Appeal is for enhancement.

(2.) MAIN ground for enhancement was that looking to the evidence of Dr. K.K. Nema (PW 2) who had found 30% permanent disability in the right leg and hand of appellant, aforesaid amount awarded be enhanced. We have perused the main petition filed by appellant u/S. 140 and 166 of the Motor Vehicles Act, 1988. In the said application there is no mention by appellant that he had at all been treated by Dr. K.K. Nema. In fact, appellant had not taken any treatment after the accident or till date from this Doctor. Only for the purposes of obtaining permanent disability certificate, this Doctor was consulted. He had not administered any treatment to this appellant. He has also opined that disability is only to the extent of 30% and after regular physiotherapy, the same can be minimised. Appellant was aged about 35 years at the time of accident and was working as labourer. From the evidence of Dr. K.K. Nema and that of appellant, it is not borne out that he has become permanently incapacitated to perform his work as before. The amount awarded appears to be reasonable, just and proper amount, for which no case for further enhancement was made out. Appeal is, therefore, dismissed, but with no order as to costs.