(1.) The appellant is aggrieved of the award dtd. 12/8/2017, passed by the learned Presiding Officer, Motor Accidents Claims Tribunal, Rajouri, whereby the appellant has been held liable to pay compensation to the respondent No.1-claimant to the tune of Rs.10,44,064.00 along with pendentelite and future interest @ 7.5% per annum till realization except on the head of loss of future income. The challenge to the award is on the ground that the Tribunal has wrongly assessed the permanent disability of the claimant as 70%; that the Tribunal has wrongly fastened the liability upon the appellant though the driver of the vehicle was not holding valid license at the time of accident. In short, it is submitted that the Tribunal has not granted just compensation in favour of the claimant but has awarded the excess amount of compensation to the claimant.
(2.) The respondent-claimant has appeared through Mr. Ashish Sharma, Advocate. Respondent Nos. 2 and 3 have been set ex-parte. The photo copy of the record of the Tribunal is before the court for perusal.
(3.) The submission of the appellant is that the assessment made by the doctors with regard to the injury received by the victim is not of the whole body but of the particular limb and, therefore, the compensation cannot be assessed as per the percentage of disability as per the medical evidence that has come on record. The Tribunal has wrongly assessed the percentage of permanent disability to the extent of 70% is the submission of the learned counsel for the appellant.