—}\«W‘ / @ HIGH COURT OF JUD!CATURE CHHATTISGARH' BILA5PUR DlVlSlON BENCH CQRAM : HON’BLE SHRI SR. NAYAK, CJ & HON’BLE SHR! D.R. DESHMUKH, J. ML§s;:"Agaggl..biO...-.1§§LQ.L.2.Q.Q§ APPELLANT Rameshwar Prasad Mahiiang aged APIBDCANT about 54 years, son of Late Shri Ad Prasad, occupation ~— Upper Division Teacher, Resident of viiiage Nawagaon, Ghuthera, PO Mungeli, Poiice Station and Tah. Mungeii; Distt. Biiaspur (C.G.) VERSUS RESPONDENTS 1. Vinod Lai Masih, aged about 31 years, NbN-A"§$Ei&AniT$ scn of Sona Lai Masih, resident of Nawagaon, Fasterpur, Police Station and Tahsii Mungeii, Distt. Biiapsur (C.G.) 2. Anish Samuei Masih, aged about 33 years, son of Late P.K. Ma3ih, resident of viilage Nawagaon, Fasterpur, Police Station and Tahsii Mungeii, District Biiapsur (C.G.) 3. United india insurance Co. Limited, Biiaspur (C.G.) Present: MLGP. Kurre, iearned counsei for the appeiiant, ORAL ORDER §Passed on 18m January 2006) The following oral order of the Court was passed by DR. DESHMUKH. d : ln a personal injury case, the only grievance of the appellant is that the MACT has not considered the fact that the claimant had suffered permanent disability of 10 % . Thus, learned counsel for the appellant submitted that the compensation awarded by the learned MACT is very much on lower side. We have gone through the record and a!so the evidence. Although, the claimant had examined Dr. Naveen Deshpande (AW2), Dr. Hemant Chatterjee, (AW3) and Dr. ML. Pandey (AW-4), yet none of the doctors said in clear and unambiguous terms that the claimant has suffered 10% disability. In that View of the matter, the contention of the learned counsel for the appellant does not hold ground. The Tribunal has given a finding that the ligament injury in knee joint suffered by the claimant could be due to old age and not due to the accident. In the absence of any legal and cogent medical evidence, the compensation of Rs. 5,872l- awarded by the MACT, in our considered opinion, cannot be faulted with. The appeal is devoid of merit and it is accordingly dismissed at the stage of motion. No costs. /1 Sdl— r 4 DmP Raos'aheb Deshmukh" sdl— r Judge