JHABAR MAL Vs. TEK CHAND

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act has been filed against the judgment and award dated 6.11.2006 passed by the learned Judge, Motor Accidents Claim Tribunal, Udaipur in MACT Case No. 659/2005 for enhancement of the award. An application under Section 5 of the Limitation Act has been preferred by the claimants. Looking to the facts narrated in the application, the application is allowed and the delay is condoned. With the consent of the parties, the appeal has been heard on merit also.

(2.) THE contention of the present appellant is that he has received severe injuries in his leg, elbow and private parts. He remained under treatment for about six months. He also remained in the hospital for 4 days but nothing has been awarded under the head of "Hospitalization" and further more he has suffered 7% permanent disability which has been totally ignored by the learned Tribunal.

(3.) IT is not in dispute that the appellant remained in hospital from 23.6.1998 to 26.6.1998 but no compensation has been awarded. After considering the fact that the present appellant remained in hospital for 4 days, the present appellant is entitled to get compensation of Rs. 400/ - per day and hence he is entitled to get Rs. 400X 4 = Rs. 1600/ - for hospitalization. The claimant has suffered 7% permanent disability and the certificate of the Medical Board has also been placed on record. The learned Tribunal has disbelieved the certificate only on the ground that the accident has taken place in 1998 whereas the certificate has been issued in August, 2006. The discharge ticket clearly suggests that the present appellant has suffered grievous injury in his hip and there is difficulty in movement of the hips and after assessing the gravity of this injury, disability certificate has been issued. Nothing has been awarded for this permanent disability and hence the appellant is entitled to get Rs.10,000/ - for permanent disability.