HJGliCOURT OF CHHATTISGARH AT BILASPUR MJ^C^Mo.32412Qff7 SJnaieBench: APPELLANT Ciaimant _Hon'ble ShriDiiiD Raosaheb DeshmuSch^A Bharat Swai, S/o Khetrawasi, aged about 42 years, Occypation-plumber, resident of Adarsh Nagar, Ambedkar Chowk, Camp- 1, Bhilai, District Durg (C.G.) VERSUS RESPONDENTS : Raja Goswami, Son of Kapur Goswaml, aged about28 years, resident of Village Machlialikhar Police Station Machhaiikhar, (U.P.) at present Chikhaiinala, Pollce Station MGhannagar, Durg another address - Avtar Singh, S/o Babusingh, 306,Gurunanak Nagtar, Durg (C.G.). Avtar Singh, Son of Babu Singh, resident of 306, Gurunanak Nagar, Durg, Tahsi! and DistrictDurg (C.G.). The Manager, New India insurance Company Limited, Parakh Bhawan, Statlon Road, Durg (C.G.) Present: Shri Gautam Khetrapal, counsel for the appellant. ORALORDER (Passed on this day 19tn of March, 2007) The fbllowing oral order of the Court was passed by Diiip Raosaheb Deshmukh. J. Heard on i.A. No. 01/2007 which is an application for condonation of dslay of 4 days in fiiing thls appeal. For the reasons m^ntioned in the above appiication, I.A. No. 01/2007 isaiiowed. , Heard on admisslon. The appeilant is aggrieved by the award date^ 27.10.2006 passed by the Fir^fAdditiona! Motor Accident Ciaims Tribunai.Durg In Claim CaSe No\, 119/2004 whereby the Tribunai has awarded compensation of Rs',g0,6p0/-. The break up is as follows: ^, (a) Towards^expensesincurred Rs.9,600/- In treatment (b) Towards loss of earning Rs.4,500/- 1 1. — (c) Towards attendant's expenses Rs.1 ,000/- (d) Towand special diet Rs. 500A- (e) Towards pain and suffering Rs.5,000/- Total Rs.20,600/- Shri Gautam Khetrapal iearned counsel for the appellant piaced reliance on Mamta Gypta (Ky.) Vs. Hargovind Batia, reported in 1998 (I) M.P.W.N. short NoteNo. 203. in which this Court has awarded compensation of Rs.12,000/- in a case where the clalmant had suffered fracture of both Tibia and Fibuia bone. Reiiance was also placed on Banwarilal Baionya Vs. Satish Kumar and others reDorted In 2000 (1V Vidhi Bhaswar 53 in which this Court has awarded an interim compensation of Rs.25,000/- under Section 140 of Motor VehiciesActin a case where the appeilant had suffered compound fracture of tlbia and fibujabonel Learned counsei for the appeilant did not dispute that the applicant did not examine the treating doctor. Having heard the ieamed counsei for the | appeliant i have perused the impugned award. In view of the fact that no permanent disabliity was suffered by the ciaimant/appellant and the fact that the doctor trsating the daimantwas not examjned beforethe M. A.C.T. , 1 am of theconsidered opinion that the compensatlon awarded by the learned M.A.C.T., is just and reasonable compensation and cails for no interference in this appeal. In the resuit appeai being devoid of merit and Is dismissed at the stage of admission. Sd/- Dilip Raosaheb Deshmukh Judge (, '~\