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2022 Supreme(Raj) 2483

ANOOP KUMAR DHAND
Hari Shankar Bansal – Appellant
Versus
Narayan Singh – Respondent


Advocates appeared:
Chelsi Gangwal, Advocate, Aakarsh Gothwal, Advocate, Virendra Agarwal, Advocate, Rizwan Ahmed, Advocate

JUDGMENT

anoop Kumar Dhand, J. - The present appeal under Section 173 of the Motor Vehicles act, 1988 has been preferred by the appellant against the judgment and award dated 21.02.2012, passed by the Court of Motor accident Claims Tribunal (additional District & Sessions Judge, Fast Track No.1), Bharatpur (for short 'Tribunal') in Civil Misc. (MaC) Case No.266/2004, whereby, the Tribunal has awarded a sum of Rs. 5,22,950/- to the claimant-appellant.

2. Learned Tribunal after framing the issues, evaluating the evidence available on record and hearing both the sides, decided the claim petition of the claimant-appellant and awarded compensation of Rs.5,22,950/- under various heads in favour of the appellant-claimant.

3. Learned counsel for the appellant submitted that the claimant has sustained 83.2 percent permanent disability and his age was about 45 years on the date of the accident. Learned counsel further submitted that the claimant-appellant remained admitted in hospital for 152 days. Learned counsel further submitted that the learned Tribunal has erred in determining the disability of the claimant as 60% without any basis simply by saying that the Doctor was not examined. Learned

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