Heard Mr. BN Sarma, learned counsel for the appellant as well as Mr. IA Talukdar, learned counsel for the respondents/claimant. This appeal is directed against the judgment and award dated 14.10.99 passed by the learned Tribunal in MAC Case No. 84 of 1998 thereby awarding an amount of Rs. 2,39,800 (Rupees two lakhs thirty nine thousand eight hundred as compensation in favour of the claimant. This appeal has been preferred by die insurance company as they were allowed by the Tribunal under section 170 of the Motor Vehicles Act.

2. The whole contention of the appellant is that the learned Tribunal arrived at conclusion that the claimant suffered permanent disability without examining the Doctor. Since the claimant Sustained injury, it was incumbent on the part of the claimant to have examined the Doctor and establish its case as to what percentage of permanent disabilities was suffered by the claimant. It would clearly appear that besides submitting a certificate from the Doctor, no doctor who has treated the claimant have been examined by the claimant. Non-examination of the Doctor to establish the extent of disabilities suffered by the claimant deny the opportunity to