High Court Of ChhattisgarhMAC/1482/2017dismissed

Vishnu Prasad v. Uttara Yadav

2017-11-06Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1482 of 2017 Vishnu Prasad S/o Shri Dukalha Dhritlahre, Aged About 55 Years R/o Tilda, Police Chowki Lawan, P.S. Kasdol, District Balauda BazarBhatapara, Chhattisgarh ---- Appellant

Versus

1. Uttara Yadav S/o Shri Kirti Yadav, Aged About 55 Years R/o Village Tilda, Chowki Lawan, Police Station Kasdol, District Balauda BazarBhatapara, Chhattisgarh

2. The Manager, Royal Sundaram Alliance Company Limited, Under Over Bridge Mowa, Raipur, P.S. Mowa, District Raipur, Chhattisgarh

3. Smt. Aasmati Bai Wd/o Late Tularam Yadav, Aged About 55 Years R/o Village Tilda, Tahsil Palari, District Balauda Bazar-Bhatapara, Chhattisgarh ----Respondents For Appellant :

Mr. Dashrath Kushwaha, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 06/11/2017

1. Present is an appeal by the Claimant seeking for enhancement of the compensation of the award dated 17.08.2017, passed by the 2nd Additional Motor Accident Claims Tribunal, Baloda Bazar, Chhattisgarh, in Motor Accident Claims Case No. H-54/2014.

2. Vide the impugned award the Tribunal in an injury case under Section 166 of the Motor Vehicles Act has awarded a compensation of Rs.1,16,122/-.

3. The contention of the counsel for the appellant is that the Claimant in the instant case has received injuries on her left leg and she had to be hospitalized and also had to get steel plate/rod inserted in place

of fracture. He submits that the present appellant was admitted in the hospital for around 16 days and the Tribunal has not properly assessed the compensation. He further submits that the Claimant has also been incurring further treatment also and that the said amount of expenses also had not been awarded by the Tribunal.

4. A perusal of records would show that the Claimant in the instant case has not able to lead evidence of a Doctor to support the injuries and disability sustained. Further the appellant has also not furnished any disability certificate issued from the medical board assessing the permanent disability of the claimant.

5. In the absence of the any medical evidence as also the certificate of disability of permanent disability, this Court does not find any strong case made out by the claimant for interfering with the award passed by the Tribunal.

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