KALYAN CHAND Vs. AMRITLAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Judge, Motor Accidents Claims Tribunal, Jodhpur dated 22.4.1985 whereby the learned Tribunal has awarded compensation of Rs. 12,000/ - to the injured -appellant and has allowed 10 per cent interest from 2.2.1983 on this amount to the date of recovery.

(2.) THE facts necessary to be noticed for the disposal of this appeal briefly stated are: that on 7.8.1982, the claimant -appellant Kalyan Chand was going on his scooter No. RNB 5984 from High Court premises towards State Bank, Kutchery Branch, Jodhpur. A three -wheeler bearing No. RRN 4175, which was driven by non -applicant No. 1 Amritlal, who also happens to be the owner of this vehicle, came from behind and struck against the scooter. The claimant -appellant fell down and received certain injuries. He became unconscious. He was shifted to the hospital by Mr. N.M. Lodha, Advocate. He regained consciousness on the way and he had to remain in the hospital for 3 days, i.e., upto 10.8.1982 and, thereafter, he was asked to have complete bed rest at his residence. It is alleged that this accident occurred on account of the rash and negligent driving of the tempo by non -applicant No. 1 Amritlal. It is further alleged that on account of this accident, the claimant -appellant could not attend to his normal duties for about 7 months and he had to suffer mental and physical agony. At the relevant time, the petitioner -appellant was working as insurance agent and was also doing some cloth dyeing and printing work and was earning Rs. 750/ - per month. The claimant -appellant has claimed Rs. 25,000/ -on account of mental shock and agony, Rs. 5,000/ - on account of loss of income, Rs. 4,000/ - on account of loss of income having become unable to attend his jobs and Rs. 2,000/ - on account of medical attendant's fees, medicines and consumption of special diet and Rs. 25,000/ - on account of permanent disability. The learned Tribunal has held that the accident took place on account of rash and negligent driving of the tempo by Amritlal. It, however, disallowed the claim of the claimant -appellant for permanent disability but allowed him Rs. 8,000/ - as general damages, Rs. 1,000/ - on account of medical and other expenses and Rs. 3,000/ - on account of loss of income. Thus, in all Rs. 12,000/ -have been awarded to the claimant -appellant as compensation on account of this accident. The claimant -appellant has been allowed interest at the rate of 10 per cent per annum from the date of application till the recovery of the amount of compensation. It is against this award of the learned Tribunal that the claimant -appellant has preferred this appeal before this court.

(3.) IT was contended by Mr. Bhandari, the learned Counsel appearing for the claimant -appellant, that nothing has been awarded to the claimant for permanent disability. In this case, actually the claimant has failed to prove permanent disability. He has failed to produce any medical certificate to show that the injuries that have been caused to the claimant on account of this accident have resulted in any permanent disability or permanent disfiguration of the body. I, therefore, hold that in the absence of any such proof, the learned Tribunal was perfectly justified in disallowing the claim of the claimant for grant of damages on account of permanent disability.