ir^£J^£j!??-j "•^^tehawi»^^^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.l MISC. A. C. No.:- /2006. D.B. APPELLANT: - [Claimant] Kalicharan, S/0 Shri Sukhlal, Aged: -30 Yrs. By caste Kewat, R/0:-Village- Harrapara, . Post- Bhaiyathan, Tahsil-Surajpur, District:- Surguja (C.G.) VERS U S : RESPONDENTS: - (Non-applicants) ^7 1. United India Insurance Com. Ltd., Branch Office at-Near Ram Mandir, Ambikapur Distt. Surguja (C.G.) [Insurance Com ofJeep No. C.G. 15/ZD/ 0680] 2. Ramesh Kumar Tiwari, Age:- 22 Yrs, 8/0 Anjani Prasad Tiwari, R/0- Village-Jamdi,Post-Bhaiyathan, Tahsil- Surajpur, Distt. Surguja (C.G.) [DriverofJeepNo. C.G. 15/ZD/ 0680] 3. Amit Kumar Sharma, Age:- 35 Yrs, S/0 Shri B.M.Sharma, R/0- Bhaiyathan, P.S. 8s Post-Bhaiyathan, Tahsil- Surajpur, Distt. Surguja (C.G.) [Owner ofjeep No. C.G. 15/ZD/ 0680] " -: MEMO OF MISC.APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT. :- XI-HC-78 ^TT^T^T^ich cT8TT3TT^T$h^ll<=b vt' ^ Kvr +11+1^1 Sh+lich 3^T rqi^|<n^^ ^Tft^^Ko, [c)diy^< •••••••^••^^4 ••^•••••»^200^ 3:nc??T tT^F (licli'l<sl<^9T) ?^nW;H^cf3TT^r 06/12/2006 Shri J.A. Lohani, counsel <=hi^f<n41ri nr^ff ^"te^ <f^^i< ^3?f^T3n^T for the appellant. Heard on admission. The oniy point urged by t|he learned counsel in this appeal is that the learned M.A.C.T. failed to <|;onsider that theclaimant had suffered 15% disability in his ieft leg di(ie to fracture of the Left Thigh Femur Bone which required indsion of| impugned award, it is clear thajl the claimant hade failed to prove the fact ofsustaining 15% disability a rod. However, upon a perusa! of the [since the ciaimant nelther examined the Doctor who treated him nor pro^ed the disability certificate. Despite this, the learned Tribunal awarded ^s. 43,000/- (Rs.20,000/- for the !aid in period, Rs.10,000/- for treatmei Rs. 1000/- for attendant and Rs ^t, Rs.2000/- for nourishment and food, |10,000/- for pain and suffering). !n this view of the matpier, the award passed by the learned M.A.C.T. could not be faylted vj'ith on the ground urged by the iearned counsel for the appeliant. No C.C. as per rules. further point had urged by the learned counse! for the appeilant. This appea! is being dev|3id of any merit and is dismlssed at the stage of admission. Sd/- DUip Raosaheb Deshmukh Judge P.T.O.