3T @ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR ffii^ ^^:;^^ Misceltaneous Appeal fC ) No. a^ ^^•m,m[ of 2007. fMiscellaneous Aopeal under section t73 of the Motor Vehicle Act. 1988) APPELLANT: ^plaimant)^t^ ^"''^v s^\^ ^'^.-°"" ^ESPONDENTS: (priver) ^' (9^ner) (Insurer) ^ 3. ^Rajkumar Sahu S/o Shri Balaram Satiu Aged about25 years, R/o Village Sargaon, Police Station Hirri, Tahsil & District Bilaspur (Chhattisgarh) VERSUS Gopal Das Alias Raju Lalwani s/o Shri Hardasmal Latwani, aged about 23 Years, R/o Viltage Sargaon, Police Station Hirri, Tahsil & District Bilaspur (Chhattisgarh) ' Manharan Lal Manglani, S/o Shri Narayan Das Manglani aged about 45 years, Resident of Village- Chakarbhata, P.S. Chakarbhata, Tahsil & District - Bilaspur (Chhattisgarh) The New India Assurance Company Limited, Through Divisional Manager, Divisional Office, Rajeev Plaza, Bus Stand, Bilaspur, (Chhattisgarh) @) XI-HC-78 ^Tf^rf^ cf^T 3T1^T $FRT^ +11+1CTI sh^lich 3'^';:2TRTR:R', «iTn^ll<o, |s»c"liy^< , ^ /{ C<-\^^-^o^^ 200^ 311^1 ^l^cb (^I^^T) ^cTTW: ^f?cT 3TT^rT 09.01.2007 Shri S.K. Guha, learned Heard on admission. It was urged by learned coi|i Motor Accident Claims Tribunai ciaimant had suffered 25% since it was contrary to the di| permanent disabitity of 45%. It Rikshaw pulier and his monthiy irta Rs.2,000/-permonth. Having heard learned the impugned award. The claimar|t on the evening of the fatefui da^t Tempo which coiiided with a trucf<. ciaimant suffered fracture of left 'was admitted in hospstal from Motor Accident Clalms Tribunai a| Ex. P-31 regarding permanent came to the condusion that the capacity to the extent of 25% income of the ciaimant at Rs.2,( Tribunal after considering the ic( assessed bss of earning capacit^ considering the age of the appelta|it assessed loss of earning capacity| Accideht Ciaims Tribunai aiso incidentai expenses incurred durir du^ :,00|3/ <^i<Mf^41-i wq^rf ^* te^t<^i^K ^3Tf^T3TI^T couhsel for the appeiiant. |n/sel for the appeltant that the learned ^rred in recording a finding that the permatient disability in the left humerus bone ji|sability certificate Ex. P-31 showing ^as aiso urged that the ciaimant is a irtcome has wrongly been assessed as couitisei for the appellant, 1 have perused was a Rikshaw puiler at Bil^spur and he was returning to his viliage in a Due to the accident, the appeilant- hjumerus bone. The appellant-ciaimant 14109.2005 to 21.09.2005. The iearned l^er considering the disabitity certificate dis^biiity of 45% in the ieft humerus bone |claimant had suffered loss of earning to above accident. Taking monthiy /-, the learned Motor Accident Claims |>ss of 25% in the earning capacity :^ at Rs.6,000/- yeariy (500 X 12) and 5ppelta|it-ctaimant appiied multiplier of 18 and at Rs.1,08,000/-. The tearned Motor aw^rded an amount of Rs.2400/- tovvfards r|ig hospitalization, Rs.10,253/- towards .^©jjtil^f' XI-HC-78 ^n^r^rf^it^ cTSTT3TT^?T$b^Icb Tumane ^ ® *TTR<TT Sb*nct» 3'^T ^l^l<rt<<, ^Tft^ll<o, t®t^l^y -. M;.A:. .cc.\ ^0.-.0?. ^[200? 3ll^l ^5|cb (^^<q<^T) ^cTT^K ^f?<T 3TT^?T ^ g^ medical expenses, Rs.10,000/- Rs.10,000/- towards ioss of pai|- iearned Motor Aocident Claims Tir Rs.1,40,653/-. A perusat of the impu^ned certlficate Ex. P-31 was vaiid fdr evidence either of the treating certificate regarding permanent iearned Motor Accident Claims ITr manner in which the learned oomputed the loss of earning cap|acity compensation under conventional| the matter, the compensation Ciaims Tribunai is Just and in the result, this Misceilalneous dismissed at the stage ofadmissic|n. <=bl<M?^41'1 WR^ff ^* fe^ <f^^l<, ^^rf^T3:n^T towards ioss 6f future amenities and |i and suffering. In this manner, the ribunal awarded totai compensatbn of award shows that the disability a period oniy for 3 years. Medical loctoL or of the doctor who gave the |disabillty was not adduoed before the ribunai. In this view ofthe matter, the IMotor Accident Ctaims Tribunal has cannot be fautted with. Award of |heads is aiso adequate. |n this view of by the iearned Motor Accident compensation. Appeal being devoid of merit is No order as to costs. Sd/- DilipRaosahebDeshmukh Judge a^arded reasonlabie P.T.O.