SONU Vs. RAMNIWAS SHARMA AND OTHERS

JUDGEMENT

(1.) This appeal is filed by the claimant against the award dated 14th Oct., 2000 passed by the IInd Motor Accident Claims Tribunal, Dabra, District Gwalior in Claim Case No. 41/2000, whereby the learned Tribunal awarded a sum of Rs. 8,000.00 as compensation to the appellant and exonerated the Insurance Company on the ground that the appellant was travelling in a jeep as a fare paid passenger and therefore, the Insurance Company is not liable to pay the amount of compensation.

(2.) It is submitted by the learned Counsel for the appellant that due to the accident, femur (left) bone of the appellant was fractured and he was hospitalised in J.A. Group of Hospitals, Gwalior, from 11th Sept., 1995 to 19th Sept., 1995 vide Ext. P-l. He was examined by Dr. V.N. Nagarch, who issued a certificate of permanent disability vide Ext. P-7 and has stated that the appellant suffered 60% permanent disability.

(3.) Learned Counsel for the appellant also drew my attention to the statement of AW3 (Dr. Sanjay Chowgaonkar) before whom the appellant was treated immediately after the accident at Primary Health Centre, Pichhore. This witness in his cross-examination has stated that due to the fracture of shaft femur bone, the claimant suffered the disability which is temporary in nature and it can be cured only by operation. It is further submitted by the learned Counsel for the appellants that the learned Claims Tribunal has not awarded any amount of compensation for operation hence disability has not been cured.