MAN BAHADUR CHETTRI Vs. TENZING CHOPEL BHUTIA

JUDGEMENT

(1.) This Appeal is directed against judgment dated 25-05-2012 in MACT Case No.22 of 2009 passed by the Learned Member, Motor Accident Claims Tribunal, East and North Sikkim at Gangtok, by which the claim petition for compensation of Rs.4,14,984/- against permanent partial disablement filed by the Appellant was rejected by allowing only Rs.51,184/-.

(2.) The facts of the case stated in brief are that in the morning of 07-08-2008 at about 10 a.m. the Appellant while travelling in a taxi jeep bearing registration No.SK- 04/4043 from Singtam to Mazitar got grievously injured when the taxi jeep collided with SNT tanker bearing No.SK-03/3481 thereby causing permanent disability to his right knee (patella) due to which he is unable to perform his day-to-day activities as he can neither bend his right knee nor walk normally. This disability had caused a severe set back in his business of poultry farm from which he was earning Rs.17,000/- only per month and that he is aged about 45 years having a dependant wife and two school going children aged about 15 and 16 years. As per the Appellant, the loss of earning he had suffered due to the accident is about Rs.4,14,984/.

(3.) The Respondents No.1 and 2 contested the claim by filing separate written objections. While the Respondent No.2, i.e., Branch Manager of the Insurance Company, has restricted his objection to the validity of the driving licence of the driver of the accident taxi jeep, the Respondent No.1, i.e., the owner of the vehicle, on the other hand, dealt with the claim also on the merits of it on various grounds which, in my view, are not relevant considering the limited question necessary to be determined in the present case.