Hon'ble Mahendra Dayal,J.
Heard learned counsel for the parties.
This First Appeal From Order under Section 173 of the Motor Vehicle Act 1988 arises out of the judgment and award dated 31.10.2007, passed by Motor Accident Claim Tribunal/ First Additional District Judge, Gonda, in MAC No. 50 of 2004 (Ratan Kumar Ramaika Vs. National Insurance Company and others).
According to the appellant the Tribunal has awarded a very meager sum as compensation overlooking the fact that the very huge amount was incurred towards treatment and further the injury has made him permanently disabled. Apart from the above, on account of his ailment, the studies of the children were also badly effected. Therefore, he has claimed for enhancement of compensation.
Lastly, it has been contended that the findings recorded by the Tribunal are perverse and are not based on record.
Having examined the material on record, it comes out that in the memo of the appeal appellant has not taken any ground of perversity of findings his only case is that the Tribunal has awarded lesser amount as compensation.
The accident in question took place on 18.8.2003 when the Tata Sumo U.P. 42D-6900, in which the appellant was sitting, was hit by a Truck bearing Registration No. UP 67-1196. The appellant, it is said, had received injuries in jaw and legs. The appellant who filed a Disability Certificate but the said document was not believed by the Tribunal as it was not proved by the appellant by adducing evidence in this regard. Moreover, there were cuttings on important place as such the genuineness of this Certificate was doubted. It may be noted that on the said Disability Certificate that it is not recognized for any legal work but is related only for government facility. It may be relevant to point out that the Tribunal has recorded a finding that knee replacement has not been done but it has only been suggested that there is need for knee replacement.
In these circumstances, we do not find any good ground for enhancing the compensation.
Accordingly the appeal is dismissed. Cost easy.
Order Date :- 11.9.2014 Muk