Judgment ( 1. ) THE appellant/claimant has filed the appeal under Section 173 of the Motor Vehicles Act, 1988 for the increase of the amount of Award dated 12-5-2004 in Claim Case No. 71/2001 passed by learned Additional Member of Motor Accident Claims Tribunal, Badwaha, District West Nimar, whereby the amount of Rs. 15,400. 00 was provided to the appellant carrying the interest @ 9% p. a. from the date of the filing of the claim petition. ( 2. ) THE case of the claimant is that on 6-5-1998 when the applicant was travelling in Mazda Vehicle No. MP-10/9129, the Truck No. MP-09/k-8907 driven rashly and negligently by respondent No. 1, hit his vehicle near the Bharat Dhaba and in the accident the applicant has received the injury in which his ribs were fractured. The case of the claimant is that the amount of Rs. 3,00,000. 00 be provided to him from the respondent No. 1 and also jointly and severally from the respondent Nos. 2 and 3 who arc respectively the owner and the insurer of the truck. ( 3. ) THE learned Tribunal after framing the issues and recording the evidence of both the parties has held that the applicant has received the injuries on account of the rash and negligent driving and as such the non-applicants were directed to pay the aforesaid amount jointly and severally. ( 4. ) THE appellant has assailed the award only on the ground of the enhancement of the amount and it is alleged that in view of the permanent disability to the claimant of 30%, the amount of the compensation be enhanced. ( 5. ) DR. Pradeep Choudhary (P. W. 2) has stated that on 14-3-2004 he has given the disability certificate (Ex. P-21) after examining the claimant and in the examination he observed that there was a decrease in the movements of his chest and he was having the difficulty in breathing. Dr. Pradeep Choudhary has provided the certificate (Ex. P-21) after 6 years of the accident. The claim petition was filed on 10-4-2001 and after 3 years of filing the claim petition certificate from Dr. Pradeep Choudhary regarding the permanent disability was obtained. Dr. Pradeep Choudhary has not treated the claimant and he has also not taken the X-ray of the claimant. The documents regarding the treatment of the claimant after his accident in 1998 were not filed. Dr.
Pradeep Choudhary regarding the permanent disability was obtained. Dr. Pradeep Choudhary has not treated the claimant and he has also not taken the X-ray of the claimant. The documents regarding the treatment of the claimant after his accident in 1998 were not filed. Dr. Pradeep Choudhary has given the certificate of permanent disability on the complaint made by the claimant and on the basis of the X-ray report. The X-ray was not taken by Dr. Pradeep Choudhary. The claimant has filed the bills of the purchase of medicine which is only of Rs. 7,000. 00. That the claimant is a labourer and his bones have united. In view of the expenditures incurred by the claimant in his treatment, the learned Tribunal has rightly awarded the amount of Rs. 15,400. 00 on all the heads to the claimant. The claim needs no enhancement as it is just and proper. ( 6. ) THE appeal is without merit and it is hereby dismissed.