KAMAL SINGH Vs. PREMSINGH AND OTHERS

JUDGEMENT

(1.) This appeal under section 173 of Motor Vehicles Act, 1988 has been preferred by the appellant-claimant for enhancement of compensation awarded by Motor Accidents Claims Tribunal, Sonkatch, District-Dewas in Claim Case No.30/2015 vide award dated 28.11.2017.

(2.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: On 17.12.2014 appellant along with his relatives were returning from Dewas to Jaleria village and when the appellant was standing near his motorcycle, the offending vehicle a bolero pickup bearing registration No.MP-41-GA-1603 driven by respondent No.2 negligently and rashly dashed the appellant, due to which, appellant has sustained multiple injuries in his mouth, jaws and left leg. Appellant also sustained fracture of tibia and fibula in right leg and fracture of jaw, which was operated and plate was inserted.

(3.) Appellant claims that at the time of incident, he was in the vocation of electrician, aged about 38 years and was earning more than Rs. 4000/- per month. Further as per disability certificate issued by the medical Board (Ex.P/47), he as suffered 25% permanent disability; The Tribunal committed an error in not taking into account the permanent disability merely on the promise that the doctor has not been examined. He has placed reliance on the judgments in the cases of United India v. Uday Singh 2006 ACJ 2759 DB (Gujarat) and Binay Kumar v. Riyazuddin Part IV [2010] ACC 465 (Delhi) to bolster his submission.