GOPAL KRISHAN PAREEK Vs. BHAWANI SHANKER

JUDGEMENT

(1.) THIS appeal arises out of award dated 1. 5. 1996 passed by the Motor Accident Claims Tribunal, Jaipur city, Jaipur. For 9% of disability, the learned Tribunal has awarded compensation of Rs. 15,000/- to the appellant. The appellant is still aggrieved by the said compensation amount. Hence this appeal.

(2.) THE brief facts of the case are that on 23. 10. 1996, around 1. 00 PM when the appellant was riding his scooter near Government Hostel, a car, bearing registration No. RJV-4713, collided with the scooter. Consequently, the appellant suffered certain injuries. THErefore, he filed the claim petition before the learned Tribunal. In order to substantiate his case, he examined himself and produced two witnesses. THE respondent no. 1 also examined a Single witness. After going through the oral and documentary evidence, the learned Tribunal awarded compensation as aforementioned.

(3.) IN the present case, there has neither been permanent privation or privation of any member or joint or destruction of any member or joint. Therefore, clearly the appellant has not suffered any permanent disablement. Hence, his case does not fall within the ambit of Sec. 140 of the Act of 1988. Therefore, the contention of the learned counsel for the appellant is without any merit.