S3! "111.1)idil, siTnu'is, f'K'tiuy 3T1^?T ^sich IfPTCtl !t)*11<t) V^ 200 m sn^rqiT R^wsn^T sfit<I<»)<rf?cT tet 3n^?T6«]IW(lfeT HIGH COURT OF CHHAt M.A, Nd APPELLANTS Respondents Vs RESPONDENT Present: Mr. A.N. Bhakta, Advocate fo ORAL (Passed o This appeat is directed again^t the in M.A.C.T, No.66/03 by the 2nd Moi Jashpur whereby a sum of Rs compensation to respondent towarc motor vehicle accident dated 4.4.20] +l<lF(-l''fl-( WRft if f5CS <Rlt<;K ^isri^iTsn^T TISGARH AT BILASPUR 663 OF 2004 I.Lalit Kumar Bairagai, aged about 46 years, son of Late Bhagatram Bairagi, resident of Kharsota, Jashpumagar, Distt. Jashpur (C.G.) 2.Manoj Bairgai, aged about 18 years, son of Lalit Kumar Bairagi, resident of Kharsota, Jashpurnagar, Distt. Jashpur (C.G.) Harimohan Pathak, agedabout 45 years, son of Chandrasekhar Pathak, resident of Sarnatoli, Jashpur, Distt. Jashpur (C.G.) the appellants. t>RDER 16.4.2007) award dated 22.4.2004 passed :or Accident Claims Tribunal, (FTC) .39.845/- has been awarded as ^ the injury sustained by him in the 13. •2. (ift^ysir) t^J: XI-HC-22 sn^r^r R-li+3D^T Sti^llefi yf^ff ^ffl* 'f-w^l' 'SSt 'tfM\v\^, ®iS\w\e,Ridiuy OT^^7 y^ WlRtl StlXlttl V^ 200 (S|*«A 3n^?r g^irgT (rfitr -2-- prefei^ed The appellants have impugned award is excessive anijl the grave contradictions in the st^t The permanent disability certificat^ claimant has been subsequenty respondent before the tribunai cannot be sustained. I have heard learned couni impugned award. The tribunal after consideri|ig witnesses and also considering] produced by the claimant during towards loss of eaming for five eaming capacity in future a sun( Rs.9,845/- has been awarded documents produced by the mention here that appellant No.1 driver of vehicle i.e. appellant No. accordingly an adverse inference In view of the above, 1 am no illegality or infirmity in the imj tribunal, the appeal being devoid hereby dismissed at the admission claimlant <fcl<l(c)''fl-1 t||t<dTiffW'<Rl<^i< ^ari^irsii^T this appeat on the ground that the the same has been passed ignoring tement of ciaimant and his witnesses. to the extent of 12% produced by the produced after the examination of md therefore, the impugned award ^el for the appellant and perused the the statement of ciaimant and his the permanent disabllity certificate rial has passed the impugned award ntonths at Rs.10,000/-, towards loss of of Rs.20,000/- and only a sum of (owards treatment on the basis of in this regard. It is worthwhile to has neither examined himsetf nor ttie J2, who had caused the accident and been drawn against ttie appeflants. |>f the considered opinion that there is >ugned award passed by the claims merit liable to be dismissed and it is i|stage itself. __--——- -- - hlas (iftgFy^)