SUNIL KUMAR Vs. JAGDISH SINGH

JUDGEMENT

(1.) HAVING sustained 19.7% permanent disability, having been awarded merely Rs. 25,000/ -, by way of compensation vide order dated 24.02.2006, passed by the learned Judge, Motor Accidents Claim Tribunal (Special Court Dacoity Affected Area), Bharatpur, the appellant has challenged the same before this Court.

(2.) THE brief facts of the case are that on 29.09.2004, at about 6:00 PM, while the appellant was riding on his motorcycle, he was hit by a truck, bearing Registration No. RJ -05/G -1989, which was being driven in rash and negligence manner. Consequently, the appellant suffered a fracture of his left shoulder and fracture of the left elbow. At the time of accident, he was a young boy of eighteen years and was studying in the 12th class.

(3.) ON the other hand, the learned Counsel for the respondent No. 3, Mrs. Archana Mantri, has contended that the accident had occurred on 29.09.2004, whereas the permanent disability certificate is of 20.12.2005. According to her, the permanent disability Certificate does not show that the injuries were sustained in a road accident. Moreover, the said certificate was recorded after more than one year of the accident. Thus, there is no connecting evidence to show that the permanent disability suffered by the appellant was due to the injuries sustained by him in the