V'A Jb"GJiCP^RTQFJyDICATURECHHA^,gQ^p^^^ DiyiSION.BENCH CORAM : HON'BLE SHRI S.R. NAYAK, CJ & HON'BLE SHRI D.R. DESHMUKH, J. M|scLAfijgea!.NO,1432^L2005 APPEyLANT Kumari Bai, aged about 33 years CLAIMANTS W/o Shri Sewaram Sahu R/o Kunda,Tah. Pandariya At present Residing in Thakker Baba Ward, Mungeli, Distt. Bilaspur (C.G.) VERSUS RESPQNDENTS 1. Sheikh Mustak Ahmed OWNER Aged about 33 yrs. S/o Md. Abdulla R/o Kunda, Tah. Pandariya Distt. Kawardha (C.G.) Drjver 2. ^Salik Ram Sahu Aged about 38 years S/o Shri Paras Ram Sahu R/o Kunda, Tah. Pandariya Distt. Kawardha (C.G.) insyrer • 3. The New India Assurance (Insurance) Company Limited, Rajendra Nagar Branch Office, Bilaspur (C.G.) Present: Mr. Ashok Swarnakar, learned counsel for the appellant. '? ORALORDER (Passed on 181" January 2006) The following oral order of the Court was passed by D.R. DESHMUKH, J : In a personal injury case, the learned MACT has awarded a compensation of Rs.1,45.462/-. The only grievance of the appellant is; that the learned MACT has ighored the fact that the appellant had suffered permanent disabiljty of 40%. Learned counsel for the sa^i^i^f^ ^iias^w ^M^^^'V ^— 'A 0 ^- appellant submitted that the compensation awarded is very much on lower side. However, on a perusal of the record, we find that no medical evidence was adduced bythe appellant before the MACT for proving the fact of permanent disability of 40% sustained by her. Time and again, we have reiterated that in a claim case where the claimant alleges sufferance of permanent disability, it is absolutely essential for the claimant to examine the Doctor concerned and also to prove by addudng legal, reliable and cogent evidence that the daimant had suffered permanent disability. In the absence of any medical evidence adduced by the claimant in this case, we are of the considered opinion that the compensation awarded by the learned MACT cannot be faulted with. The appeal is devoid of merit and it is accordingly dismissed at the stage of motion. No costs. Sd/- Chief Justice Sd/- Dilip Raosaheb Deshmukh Judge ^'b^v1 -!.,„