JUDGMENT 1. 1. This civil Misc. appeal under Section 173 of the Motor Vehicles Act, 1988 is preferred against the judgment and award dated 25-4-2001 passed by the learned Judge, Motor Accident Claims Tribunal, Shahpura, in claim case No. 104/2000 "Bhairu Ram v. Ram Prasad " whereby the claim has partly been allowed. 2. The facts in brief are that on 16-4-2000 when claimant Bhairu Lal was walking towards Jaipur Delhi road on the left side of the road, a Canter No. HR 38-B 0269 coming from back side hit him. The vehicle was driven rashly and negligently by defendant respondent No. 2 which was owned by the defendant respondent No. 3. Due to this accident, the claimant got injured seriously and was referred to the Govt. Hospital Shahpura and from there he was shifted to SMS Hospital, Jaipur. An FIR to this effect has been lodged with the Police Station Manoharpur. 3. The claimant thereafter filed a claim petition before the learned Tribunal. Notices were issued. Reply was filed. Issues were framed and the evidence was recorded. After hearing both the sides, learned Tribunal had passed the award of Rs. 4,17,000/- dated 25-4-2001 with interest of 9% from 1-8-2000, against which, this appeal is preferred. 4. Mr. Vinod Tyagi, learned counsel for the appellant requests this Court that the appeal should be disposed of today without issuing notice. 5. Mr. Vinod Tyagi has contended that the award of the learned Tribunal is erroneous and arbitrary on all corners but he is challenging the quantum of award only. 6. Learned counsel has pointed out that the medical report reveals the age of the claimant Bhairu 65 years but in the claim petition it has been stated as 50 years in order to get compensation on higher side and the learned Tribunal has failed to consider this aspect. 7. He has further contended that the learned tribunal has wrongly calculated the huge amount of award of Rs. 4,17,000/-. Hence, the award dated 25-4-2001 be modified and be reduced. 8. Heard learned counsel for the appellant and considered the record made available before me. 9. The accident took place on 16-4-2000. The award was passed on 25-4-2001 and the appeal was filed on 2-7-2001. Thereafter the appeal remained in defect. On 29-10-2010, this Court given last opportunity to remove the defect. On 7-3-2011, the defect was finally removed. 10. 8. Heard learned counsel for the appellant and considered the record made available before me. 9. The accident took place on 16-4-2000. The award was passed on 25-4-2001 and the appeal was filed on 2-7-2001. Thereafter the appeal remained in defect. On 29-10-2010, this Court given last opportunity to remove the defect. On 7-3-2011, the defect was finally removed. 10. The claimant was earning Rs. 9,000/- per month by cultivating and selling vegetable and sell of milk. Witness Shambhu Dayal has supported the version of the claimant and narrated that two fingers of Bhairu Ram were cut and now lying on the cot and he cannot move. Other injuries are also available on the body of the claimant. He was earning Rs. 9,000/- per month by cultivating vegetable and selling milk. However, no concrete evidence regarding income was produced but it had come on record that the claimant was earning his livelyhood by agriculture. He suffered with 46.67% permanent disability. Still his treatment is continuing. Therefore, towards loss of income and permanent disability of 46.67%, mental and physical agony, expenses on treatment, the award was rightly passed. 11. In view of the above, it appears that the Tribunal has rightly appreciated the evidence submitted by both the parties and after due appreciation of evidence, the award was passed. Hence, the award dated 25-4-2001 does not call for any interference by this Court as no case for reducing the award amount is made out. 12. Accordingly, the civil Misc. appeal is dismissed. The award dated 25-4-2001 is hereby confirmed.Appeal dismissed. *******