Gordhan Lal vs Chhagan Lal - 2022 Supreme(Raj) 2151

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2151

ANOOP KUMAR DHAND
Gordhan Lal – Appellant
Versus
Chhagan Lal – Respondent

Advocates appeared:
Mr. Ram Sharan Sharma, for the Appellant
Mr. Praveen Kumar Jain, for the Respondent.

JUDGMENT

1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant-claimant against the judgment and award dated 02.06.2017, passed by the Motor Accident Claims Tribunal No.1, Jaipur Metropolitan, Jaipur (for short 'learned Tribunal') in Case No. 765/2015, whereby, the learned Tribunal has awarded a sum of Rs. 11,11,000/- to the claimant-appellant on account of injuries sustained by him in an accident occurred on 21.02.2015.

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.11,11,000/- under various heads in favour of the appellant-claimant.

3. Learned counsel for the appellant submitted that the age of the injured-claimant pleaded in the claim petition was 40 years and the same is mentioned in his injury report, X-ray report as well as permanent disability certificate. Learned counsel further submitted that as per the permanent disability certificate, claimant has sustained 80 percent permanent disability but the learned Tribunal has erred in determining the disability of the claimant