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2021 Supreme(Raj) 453

VINIT KUMAR MATHUR
Mohd. Riyaz – Appellant
Versus
Akbar Shah – Respondent


Advocates appeared:
Mr. Arun Dadhich, Mr. R. S. Mankad, for the Appellant; Mr. Santosh Choudhary, for the Respondent.

JUDGMENT

1. With the consent of the learned counsel for the parties, the matters are being heard and disposed of finally.

S.B. Civil Misc. Appeal No. 1234/2017:-

2. The present appeal has been preferred by the appellant-claimant against the judgment and award dated 13.01.2017 passed by Motor Accident Claims Tribunal No.1, Udaipur in M.A.C. Case No. 965/2015, whereby the Tribunal awarded a sum of Rs.5,17,700/- to the appellant-claimant on account of the injuries suffered by him in the accident which occurred on 19.02.2015.

3. The learned Tribunal, after framing the issues, evaluating the evidence on record and hearing learned counsel for the parties decided the claim petition of the claimant-appellant.

4. Learned counsel for the appellant-claimant submits that the finding of the Tribunal recorded on Issue No.3 with respect to the consideration of the permanent disability is incorrect. He submits that the Medical Board gave the certificate of disability of the injured to the extent of 42%, whereas, the Tribunal took into consideration permanent disability to the extent of 20% only. He further submits that there were three fractures on the body of the injured-appellant and, therefore, the

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