MILAP CHANDRA JAIN,J. - (1.) THIS appeal has been filed against the order of the learned Member, Motor Accidents Claims Tribunal, Bali, dated November 28, 1989 passed under Section 92 -A, Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') awarding Rs. 7,500/ - as compensation for permanent disability.
(2.) IT has been contended by the learned counsel for the Rajasthan State Road Transport Corporation (appellant) that the Tribunal had no jurisdiction to pass the said award as the claimant -respondent did not suffer any permanent disablement as defined in Section 92 -C of the Act. In reply, it has been contended by the learned counsel for the claimant -respondent that in clause (a) of Section 93 -C of the Act, the word 'permanent' did not appear before the words 'privation' of any member or 'joint' as appeared in the start of the clause and the injuries involved permanent impairing of the powers of left leg of the claimant within the meaning of clause (b) of the section. He also contended that in the order -sheet dated November 28, 1989 of the file of the Tribunal, it is clearly recited that the claimant -injured was seen and was found that he could walk only on 'baisakhi'. He lastly contended that the various reports of the X -ray examination also go to show that the claimant Ram Kumar had suffered permanent disablement.
(3.) ADMITTEDLY , Rs. 3,750/ - have been deposited by the Rajasthan State Road Transport Corporation in the Tribunal for payment to the claimant -respondent and the appeal is being contested for the remaining amount of Rs. 3,750/ -.;