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Rajasthan High Court · body

2011 DIGILAW 2432 (RAJ)

Vaibhav Chaturvedi v. Vipin Chand

2011-11-14

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—Claimant-appellant has filed this appeal dissatisfied with award dated 27.06.2011 of Motor Accident Claims Tribunal, Jaipur City, Jaipur, in MAC Case No.193/2011 (1098/10), whereby learned Tribunal awarded compensation of Rs.26,000/- in favour of appellant against a claim of Rs.35,50,000/-. 2. Contention of learned counsel for appellant is that a very meager sum has been awarded by learned Tribunal in favour of appellant as compensation though learned Tribunal has held that the accident took place due to rash and negligent driving of respondent driver and on account of which he suffered 2.5% permanent disability. The appellant at the relevant time was 22 years of age and earning Rs.5000/- per month and, on account of 2.5% permanent disability suffered by him, he cannot perform his daily routine work. The learned Tribunal has determined his income at Rs.3000/- only. It is therefore prayed the appeal may be allowed and amount of compensation may be suitably enhanced. 3. Having heard learned counsel for appellant and perused material on record, I am of the view that learned Tribunal has rightly awarded the compensation of Rs.26,000/-. Learned Tribunal has held that appellant has suffered only 2.5% permanent disability and rightly awarded compensation of Rs.25,000/- under the head of loss of future income. The appellant was working with K.P. Motors, which is a private concern and learned Tribunal has rightly assessed the monthly income of the appellant at Rs.3000/-. Apart from awarding compensation under loss of future income, learned Tribunal has also awarded Rs.500/- for mental agony, pains and sufferings, Rs.300/- for actual medical expenses and Rs.200/- for transportation. I do not find any infirmity or illegality in the impugned award, which calls for any interference in this appeal. The appeal is accordingly dismissed.