NEMI CHAND Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) The present appeal has been filed by the appellant -claimant, under Section 173 of the Motor Vehicles Act 1988(for short the Act), seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Baran, vide judgment and order dated 26.3.1999, in Claim Petition No. 5/98, whereby the Tribunal has awarded compensation of Rs.31,000/-, with interest at the rate of 12% p.a. for the injuries sustained by the appellant as a result of the accident in question.

(2.) It has been sought to be submitted by learned counsel Mr. S.C. Gupta for the appellant that considering the injuries sustained by the appellant, the compensation awarded is very meager. He also submitted that considering the certificate regarding permanent disability, the Tribunal should have awarded some amount for future loss of income. According to the learned counsel the appellant was not required to examine the doctor to prove the disability certificate and that the Tribunal has committed error in awarding the amount of Rs.31,000/- which deserves to be enhanced.

(3.) At the out-set, it is required to be stated that though the appellant had produced the disability certificate before the Tribunal, the same was not proved by examining the concerned doctor, who had issued the said certificate, nor the appellant had examined the doctor who treated him for the injuries. It has been observed in the Award that the said certificate also did not disclose as to whether the same was issued for the injuries of the appellant or not. It is settled legal position that every injury does not result into permanent disability and every permanent disability would not result into future loss of income and that the claimant has to prove by cogent evidence that such a disability had adversely affected his earning capacity. In this regard beneficial reference of the decision of Apex Court in case of Raj Kumar v. Ajay Kumar and another ACJ 2011(I),1 deserves to be made. In the instant case, the appellant claimant having failed to prove the disability by leading cogent evidence, the Tribunal has rightly awarded lump sum amount of Rs.31,000/- under various heads, with interest at the rate of 12% p.a. from the date of application till payment. The said amount awarded by the Tribunal, towards compensation being just and proper, this Court is not inclined to interfere with the same. The appeal being devoid of merits, deserves to be dismissed and is accordingly dismissed. Appeal Dismissed.