GOPAL KRISHNA PANDEY Vs. RAMA NAND SINGH

JUDGEMENT

(1.) Counsel for the parties heard. This is an appeal against the interim award dated 15.1.1999, passed by Xllth Additional Motor Accidents Claims Tribunal, Jabalpur (henceforth 'the Claims Tribunal'), in Claim Case No. 44 of 1998.

(2.) The appellant filed a claim on the foundation of the allegations that on 24.12.1997 the appellant suffered injuries in an accident caused by truck No. CPJ 5953. It was claimed that the appellant suffered permanent disability of his right foot and suffered injuries on the left knee. The X-ray taken in the Medical College Hospital showed that he suffered fracture of fibula bone. Thereafter, in a private hospital it was found that instead of one fracture there were two fractures.

(3.) The Claims Tribunal found that the injuries suffered by the appellant may be of grievous nature within the meaning of section 320 of the Indian Penal Code but they were not covered by section 142 of Motor Vehicles Act, 1988. The finding was that the fracture of fibula bone could not be said to be a permanent disablement as defined under section 142 of the Motor Vehicles Act, 1988 and, therefore, it rejected the application under section 140 of the aforesaid Act, filed by the appellant.