^'•^••,.^,y^^^:^^s'l^'~sl^:t^^ • ••^' v IN THE HON'BLB HIGH COURT ~^r '^ .TTISCSrARH AT BILASPUR Misc. Aot»eal {0 N0. ^ t 2.0 /2011 APPELLANT ^ ^ RESPONDENTS^ ^ Bajaj Allianz General Insurance Company Limited, Through Manager; Shiv Mohan Bhawan, Vidhan Sabha Road, Pandri, Raipur (C.G.) (INSURER) VBRSUS 1) •^' 2) 3) .....^, Heeralal Yadav, son of Shri Guput Ram Yadav, aged about 36 years, resident of Village Baridhi, Chowki Urga, Thana Kotwali, Korba, Tahsil 8s District Korba, Chhattisgarh (CLAtMANt) Dileshwar Singh, son of Shri Kartik Ram Gond/ aged about 36 years, resident of Village Phooljhar/ Thana Katghora, Tahsil 85 District Korba, Chhattisgarh (DRIVER) Sharad Kumar Gobhil, son of Shri Dev Prasad Gobhil, resident of Village Nawagaon, Katghora, Tahsil Katghora, Di^trict Korba, Chhattisgarh (OWNBR) MEMORANDUM OF APPEALUNDBR SBCTION 173 OP tHE MOTQR VEHICLES ACT 1988 AS AMENDEaD^Y ACf OF 1994 HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.(C.)No. 120/2011 APPELLANT Bajaj Allianz General Insurance Company Limited Versus RESPONDENTS Heeralal Yadav and others SB:- HON»BLESHRI N.K. AGARWAL, J PRESENT:- Shri Sachin Singh Rajput, Advocate, for appellant. ORAL ORDER (2-2-2011) i 1. Heard on application for condonation of delay in filing the appeal. 2. On due consideration, I am satisfied that the appellant has succeeded in explaining the cause of delay in filing the appeal. Therefore, the application is allowed and the delay is condoned. 3. This is insurer's appeal against the award dated 9-8-2010 passed by the Motor Accident Claims Tribunal, Korba in Claim Case No. 14/2009 awarding Rs. 2,56,000/- as compensation in favour of the claimant and as against appellant/Insurance Company along with interest at the rate of 6% per annum from the date of application till its payment. 4. Facts of the case in brief are that on 14-4-2008, at about 5.00 p.m. the respondent No. 1/claimant Heeralal Yadav along with his friend Dhoorsingh Yadav was going on his Hero Honda motorcycle bearing registration No. CG-12 K/6164 from Nevra Tikra to Baridih. Near Urga barrier on Korba Champa road, the respondent No. 2 driving the truck bearing registration No. CG-12-C/1830 in a rash and negligent manner dashed the motorcycle as a result of which the claimant sustained various injuries on his right 8. hand, forehead, fingers, right legs and other parts of his body. He filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming Rs. 7,50,000/- as compensation for the injuries sustained in the accident. •<^L^ V Learned Tribunal torir^sf^^-d the claimant permanently disabled to the extent of 45%, income of the claimant as Rs. 36,000/- per annum and as he was of the age of 40 to 45 years at the time of accident, applied multiplier of 15, and awarded Rs. 2,43,000/- as compensation for loss of earning capacity. Learned Tribunal further awarded Rs. 13,000/- on other heads and thus awarded total amount of Rs. 2,56,000/- as compensation for the injuries sustained by the claimant. Shri Rajput, learned counsel for the appellant would submit that assessment of permanent disability by the Tribunal to the extent of 45% is not correct. Loss of earning capacity may not be to that extent. I have heard learned counsel for the appellant and perused the award iinpugned. Learned Tribunal after considering the material placed on record, disability certificate, statement of doctor, recorded a finding that the claimant was permanently disabled to the extent of 45%. In the absence of any evidence so far as loss of earning capacity, learned Tribunal has rightly assessed the loss of earning capacity t.o the extent of 45%. No other grounds have been raised. In view of above, I do not find any scope of interference in the award impugned. The appeal being devoid of substance, deserves to be and is hereby dismissed. Sd/- N.K.Agarwal Judge