JUDGMENT 1. - Challenge in this appeal is to the judgment dated 11th June, 2009 whereby the learned Motor Accident Claims Tribunal, Sawai Madhopur has decreed the amount of Rs. 2,13,664/- in favour of the appellant Smt. Dakha Devi and against the respondents, together with the interest at the rate of 6% to be paid from the date of filing the petition till the realisation of the amount of compensation. Aggrieved with the amount of compensation, the appellant has filed this appeal for its enhancement. 2. The nub of the appellant's story is as under: That on 14th February, 2007, the claimant-appellant Smt. Dakha Devi was travelling in Bus bearing registration No. RJ-25/P 1144, which met with an accident, as a result of which she sustained multiple injuries, including the grievous injury on the right hand. The appellant during the trial, examined herself and produced one more witness AW-2 Satya Narayan in support of her case. 3. Having heard learned counsel for the appellant and carefully perused the impugned award as also the relevant material on record, it is noticed that the appellant claimant sustained 70.3% permanent disability. She was of the age of 55 years at the time of accident. Learned counsel for the appellant has contended that the learned tribunal has applied only the multiplier of 8 whereas, the multiplier of 11 ought to have been applied, as per Schedule appended with the Motor Vehicles Act. The appellant was awarded compensation on other counts also by the Tribunal but they have not been assailed by the learned counsel for the appellant. A careful perusal of the Second Schedule appended to the Motor Vehicles Act clearly demonstrate that if the age of the injured is 55 years, the multiplier of 8 shall be applied. Learned Tribunal has not committed any illegality nor committed any error apparently in applying the multiplier. The amount of compensation is found to have been reckoned by the learned Tribunal in accordance with the settled principles of law. Not only the amount towards simple and grievous injuries sustained by the appellant has been awarded to her but the trauma, nutrition, medical bills and other aspects are also found to have been taken into consideration. Having applied the standard formula, the learned Tribunal, while keeping in view the permanent disability, which is 70.3%, an amount of Rs. 1,47,840/- has been awarded to her.
Having applied the standard formula, the learned Tribunal, while keeping in view the permanent disability, which is 70.3%, an amount of Rs. 1,47,840/- has been awarded to her. Thus, learned Tribunal has awarded total amount of compensation to the tune of Rs. 2,13,664/- to the appellant claimant, which is found to be quite apt and reasonable. In view of the facts and circumstances of the case, the impugned judgment is found to be just and proper and suffers from no infirmity or illegality. It is not a case where the amount of compensation deserves to be enhanced. 4. For the reasons stated above, the appeal filed by the appellant is found to be totally devoid of merits and the same deserves to be dismissed in limine, which stands dismissed accordingly.Appeal dismissed. *******