HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. No. 1245 of 2005 AppeUant Firanta Dhruv, S/o Chatram. Dhruv, aged about 35 years, R/o Him Miaes, Tehsfl aad District- Bilaspur Versus Respondents l. Smt, Kamla Singh, aged about 45 years, W/o Manohar Siug^h, R/o Tflak Nagar, Near Main Post Office, TehsU and District- Bilaspur (C.G.). 2. The New India Insurance Conipany Ltd. Rajendra N^ar Chowk, Bilaspur, District- Bilaspur (C.G.) DB: Honlile ShriJustice S. R. Nayak, C.J. & HonTile Shri Justice Satish K. Agnihotri, J. Mr. Saurabh Jayaswal, Advocate with Shri Gautam. Khetrapal, Advocate, for the appeUant Mr. Sri Kumar Agarwal, Advocate for the Respondent No.2. ORAL ORDER (20th December 2005) The foUowing order of the Coiut was passed by 8. R. Bayak, C.J. In this appeal prefeired by the iajured, seeking inore coinpensatioa, what was urged by leamed oounsel is that though ia the accident the appellant has sustained 70% of fhe permanent disabilily in hearing capacity, the M.A.C.T. has not awarded aay couipensation towards that disabiMty. We have perused the evidence of P.W.2 doctor and also the certificate issued by fhe Medical Board. FTOIU the deposition of P.W.2, it caunot be said that the appeBant has sustained 70% of disabUity in hearing capacity, but, as per the certificate issued by the Medical Board, the appeBant has sustained 70% of the pennanent disability in hearing capacily. In that view of the inatter, taking totality of the circunistaaces, we think it just and reasonable to award Rs. 25,000/- as compensation towards Toss of permanent disabilily'. The appeal is aUowed to the above extent. The impiigned award shaU stand inodified ia fhe above term and in att ofher respects, the iinpugiied award shaU remaia unaltered. In the facts aad circumstances of the case, both the parties are dirccted to bear their respective costs ia this appeal. Chief Justice e Thali:ur