HARI SHANKAR BANSAL Vs. NARAYAN SINGH

JUDGEMENT

(1.) The present appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant against the judgment and award dtd. 21/2/2012, passed by the Court of Motor Accident Claims Tribunal (Additional District and Sessions Judge, Fast Track No.1), Bharatpur (for short 'Tribunal') in Civil Misc. (MAC) Case No.266/2004, whereby, the Tribunal has awarded a sum of Rs.5,22,950.00 to the claimant-appellant.

(2.) Learned Tribunal after framing the issues, evaluating the evidence available on record and hearing both the sides, decided the claim petition of the claimant-appellant and awarded compensation of Rs.5,22,950.00 under various heads in favour of the appellant-claimant.

(3.) Learned counsel for the appellant submitted that the claimant has sustained 83.2 percent permanent disability and his age was about 45 years on the date of the accident. Learned counsel further submitted that the claimant-appellant remained admitted in hospital for 152 days. Learned counsel further submitted that the learned Tribunal has erred in determining the disability of the claimant as 60% without any basis simply by saying that the Doctor was not examined. Learned counsel further argued that when disability certificate issued by the medical board of three Doctors was available on the record, there was no need to examine the doctor to prove the permanent disability certificate.