Chedilal @ Chediram Kenwat v. Munna @ Umesh Kumar Gupta

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1371 of 2017 Chedilal @ Chediram Kenwat S/o Mukutram, Aged About 56 Years By Cast Kenwat, R/o Kudurmal Tahsil And District Korba Chhattisgarh.

---- Appellant

Versus

1. Munna @ Umesh Kumar Gupta S/o Late Amrit Lal Gupta Aged About 47 Years Beside State Bank Of India, Korba Tahsil & District Korba Chhattisgarh.

2. Manharan Khunte, S/o Panit Ram Khunte Aged About 40 Years R/o Ward No. 3 Ratakhar Korba Tahsil & District Korba Chhattisgarh. ----Respondents For Appellant :

Mr. M.K. Beg, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 09/10/2017

1. Present is an appeal under Section 173 of Motor Vehicles Act seeking enhancement of the amount awarded in award dated 19.07.2017, passed by the 2nd Additional Motor Accident Claims Tribunal, Korba, Chhattisgarh, in Claim Case No. 30/2016.

2. The present is a case wherein a claim case under Section 166 of the Motor Vehicles Act in an injury case, the Tribunal has awarded a compensation of Rs.15,000/-.

3. A perusal of the record would show that the injury sustained by the appellant was only fracture on the right hand. The Doctor has not been examined before the Court below to prove the permanent disability as per the record.

4. In the absence of there being any evidence of a Doctor establishing a permanent disability, in the opinion of this Court, the award passed by the Tribunal granting Rs.15,000/- seems to be just and reasonable. There is no scope of enhancement.

5. The appeal thus fails and is accordingly dismissed. Sd/- (P. Sam Koshy) Judge Ved