ORIENTAL INSURANCE CO LTD Vs. MINABEN KANUBHAI PATEL

JUDGEMENT

(1.) FIRST Appeal Nos.3343 and 3343 of 2013 have been filed by the original opponent No.2 -Oriental Insurance Company Ltd. under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the common judgment and award dated 2 -2 -2013 passed by the Motor Accidents Claims Tribunal(Aux.), 4 th Additional District Court, Sabarkantha at Himmatnagar in MACP Nos.856 of 2001 and 561 of 2001.

(2.) FACTS in short are that both these claim petitions arose out of the same accident which occurred on 27 -2 -2001 at about 10.15 a.m. in the vehicular accident. MACP No.856 of 2001 has been filed by injured Minaben claiming compensation for injuries suffered to her while MACP No.561 of 2001 has been filed by the injured Harshadbhai Mangalbhai Patel claiming compensation for injuries suffered by him in the same accident. Upon issuance of summons and after hearing the learned counsel appearing for the parties and considering the oral as well as documentary evidence on record, the impugned common judgment and award was passed by the Tribunal whereby the claim petitions were partly allowed.

(3.) AS far as MACP No.856 of 2001 is concerned, it is vehemently argued by Mr.Dwivedi that the claimant was aged 34 years of age. It is submitted that doctor is not examined by her to prove her disability and as there is no fracture in her brain, the Tribunal has committed error in considering 13% disability on the body as a whole for determining compensation.