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2017 Supreme(Del) 2840

R.K.GAUBA
Radhey Shyam – Appellant
Versus
Madhu Narang – Respondent


Advocates Appeared:
For the Respondent: Mr. Pankaj Seth.

JUDGMENT :

1. The appellant was the claimant before the Motor Accident Claims Tribunal (the tribunal) on the basis of his accident claim case (Suit No. 434/2003) instituted on 24.11.2003 seeking compensation on the ground that he had suffered injuries in a motor vehicular accident that occurred on 24.12.1998 at about 11:30 a.m. due to negligent driving of motor vehicle described as crane bearing No. HR-38B-1122 carrying truck bearing registration No. HR-38B-4459. The tribunal held inquiry and by judgment dated 02.03.2009, awarded compensation in the sum of Rs. 60,000/- directing the third respondent (insurer) to pay, granting it recovery rights against the registered owner of the vehicle, accepting its plea of breach of terms and conditions of the insurance policy.

2. One of the major grounds brought before the tribunal was that the claimant had suffered permanent disability to the extent of forty per cent (40%) on account of shortening of right leg. He sought to support this plea, inter-alia, by document described as disability certificate (Ex.PW-1/E). The tribunal, however, found the document to be suspect and thus, rejected the same. The appeal was filed seeking enhancement of com



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