LAWS(MPH)-2008-12-81

BIHARILAL Vs. GOPAL @ BALWANT & ORS

Decided On December 12, 2008
BIHARILAL Appellant
V/S
Gopal @ Balwant And Ors Respondents

JUDGEMENT

(1.) This appeal is filed by the appellant under Section 173 of the Motor Vehicles Act against an Award dated 18th March, 2004 passed by learned Additional MACT Jaora Claim Case No. 4/2002. By the impugned Award, the Claims Tribunal has awarded a total sum of Rs. 20,000 with interest to the appellant by way of compensation for the injuries sustained in the accident occurred on 19.5.2000.

(2.) Appellant had preferred a claim petition under Section 166 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 11,50,000. According to the appellant compensation awarded by the Tribunal is meagre and deserves enhancement. Therefore, by filing the appeal inadequacy of the compensation has been assailed.

(3.) The Tribunal by passing the impugned award has disbelieved the certificate of the permanent disablement because it was not issued by an expert Doctor and a sum of Rs. 20,000 by way of compensation has been directed to be paid to the appellant.