fa1295.08.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR First Appeal No. 1295/2008 Devendra Morarji Mate ..vs.. Golu Natthuji Dukre Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. J. M. Shamkuwar, Advocate for appellant. Ms A. H. Pathrabe, Advocate for respondent. Coram: R. K. Deshpande, J. Date : January 27, 2010 1. This appeal is preferred by owner of the vehicle challenging order dated 25.10.2007 passed in Motor Accident Claim Petition No. 656/2006 by Motor Accident Claims Tribunal, Nagpur. The appellant-owner of the vehicle has been held liable to pay an amount of Rs. 25,000/- on account of alleged permanent disability caused to the claimant as a result of accident involving the vehicle owned by the appellant. The Tribunal has recorded a finding that the claimant has suffered 12% permanent disability. The finding is based upon prima facie assessment of the evidence on record. 2. Mr. Shamkuwar, learned counsel for the appellant, submits that no compensation can be awarded under Section fa1295.08.odt 2 140 of the Motor Vehicles Act for the permanent disablement. However, bare perusal of Section 140 reveals that the said provisions is attracted also in case of permanent disability. Mr. Shamkuwar, learned counsel for the appellant, further contends that the fact as to whether claimant has suffered personal disablement or not is required to be gone into by Tribunal and no such finding can be recorded at this stage. In my opinion, the Tribunal has recorded the finding on the basis of prima facie assessment of the material available on record and hence, no infirmity can be found in recording said finding. If at all the claim petition fails, then the appellant shall be entitled to recover the said amount from the claimants. 3. In view of aforesaid position, there is no substance in the appeal. The same is, therefore, dismissed. No order as to costs. J UDGE kahale