\-^t^ ^f^" ^r-:^^^ ^s-gSg,^ '' K ''sagBg'i 'i ^ "wii-^^. ^. ^.....-^'^ ^y:^^ ^' HIGH COURT OF CHHAmSGARH: BILASPUR Single Bench: Hon'ble Shri Dilip Raosaheb Deshmukh, J. Appellant Resoondents IVI.A.C.No.1379 of 2008 Ram Avtar, S/o late Shri Gajpal, aged about 70 yeare, R/o Tribhuvan Pur, Badra, Tahsil Pathariya, District Bilaspur (CG) Versus 1. Abdul Azij Khan, S/o Abdul Rahman Khan, aged about 58 yeare, R/o Uslapur Basti, Police Station Chakarbhatha, District Bilaspur (CG) 2. Kripal Singh Rana K.S. Rana, S/o Not known R/o 27 Kholi, Bilaspur, Tahsil & District Bilaspur (CG) 3. The New India Insurance Company Limited, Through Branch Manager, The New India Insurance Company Limited,Bilapsur (CG) IVIemo of miscellaneous appeal under Sectlon 173 of the Motor Vehicle Act, 1S®8forenhancement of compensation award, Present: Smt Ramakant Pandey, counsel for the appellant. ORAL ORDER (Passedon 21.10.2008) Heard on I.A. No.1 for oondonation ofdelay of 139 days in filing the appeal. (2) For the reasons mentioned in the application, I.A. No.1 is allowed. Delay in filing the appeal is condoned. (3) Heard on admission. (4) The appellant is aggrieved by the award dated 16/01/2008 passed by the 1st Additional Motor Aocidents Claims Tribunal, (henceforth the Tribunal') Bilaspur (CG), whereby in an injury case, compensation of Rs.17,000/- was awarded. (5) The claimant did not prove that he had suffered any grievous injury due to the accident. X-ray report was not filed. Medical evidence was not adduced. The disability certificate showed that the olaimant had suffered Corneal opacity in the right eye and Ophaki.a in the left eye. The claimant is an old man. aged about 70 years and it cannot be said that these injuries 11: Priya were caused due to the accident. Thus, the olaimant had utterly faited to prove that he had suffered any grievous injury or any permanent disability. (6) In this view of the matter, the compensation awarded by the Tribunal is just and reasonable. There is no merit in this appeal, which is accordingly dismissed at the stage of admission. — — ~ gd/- OIUpH...^ Des,hinukh