UNITED INDIA INSURANCE CO.LTD. Vs. SITARAM

JUDGEMENT

(1.) This Misc. Appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 has been filed by the appellant/Insurance Company assailing the impugned award dtd. 6/9/2014 passed by III Additional Member, Motor Accident Claims Tribunal, Dewas (M.P.) in Claim Case No.33/2013, whereby an amount of Rs.17,54,510.00 has been awarded to respondent no.1/injured.

(2.) Learned counsel for the appellant/Insurance Company submits that the permanent disability to the extent of 80% has been found by Dr.Manoj Vaidya PW-2, but the Claims Tribunal has wrongly taken permanent functional disability as 100% which is on the higher side. Hence, prays for re- appreciating the evidence by reducing the award amount.

(3.) Per contra, learned counsel for the respondent/claimant has opposed the prayer on the ground that the Claims Tribunal has appreciated the evidence available on record in right perspective. The respondent has suffered grievous injuries in a road traffic accident on 12/2/2013 in his spine, lumbar region and other parts of the body. He is suffering from paraplegia in the lower limbs. On these submissions, prays for dismissal of the appeal.