MANGAL SINGH Vs. PARVEEN CHAUHAN AND ORS

JUDGEMENT

(1.) The present appeal has been filed by the claimant under Section 173 of the Motor Vehicles Act,(for short the Act) seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Beawar, in Claim Case No. 217/2011(418/09), whereby the Tribunal vide the judgment and award dated 14.6.2011, has awarded compensation to the tune of Rs. 33,609/- along with interest at the rate of 6% p.a. for the injuries sustained by the appellant in the accident in question.

(2.) It has been sought to be submitted by the learned counsel for the appellant that the Tribunal has committed an error in not considering the disability to the extent of 15% as per the disability certificate produced by the appellant. Relying on the judgments of this Court in case of R.S.R.T.C. and Ors. Vs. Devilal and Ors., 1991 AIR(Raj) 29, and of Allahabad High Court in the case of Oriental Insurance Co. Ltd. Vs. Surendra Umrao and Anr., 2008 ACJ 293, the learned counsel has submitted that the disability certificate issued by the medical board need not be proved. He also submitted that the Tribunal without any justification has reduced the disability to the extent of 5% and awarded meager sum of Rs. 23,400/- towards future loss of income.

(3.) However, the learned counsel appearing for the respondent No. 3 Insurance Company has supported the Award made by the Tribunal and submitted that the compensation awarded by the Tribunal is just and proper, which does not call for any interference.