Hon'ble Dr. KOTHARI, J.—These five appeals have been filed for enhancement of compensation awarded by learned MACT, Banswara vide order dated 17/3/2008, wherein, the claimants injured filed claim petitions on account of accident, which took place on 20/2/2006 at 2.00 pm. The claimants were travelling in a Tempo, which met with an accident with Truck No. RJ 19-G-9955, which was being driven in a rash and negligent manner by respondent no. 3 – Driver – Kalyan Singh. On account of said accident, the claimants-injured persons suffered various injuries and four of the claimants suffered permanent disablement namely; Smt. Rangi, Ranchhor, Kala & Smt. Champa for which the respondent – New India Insurance Company paid `No Fault Liability' claim under Section 140 of Motor Vehicle Act to the extent of Rs.25,000/- each and in the case of 5th injured namely; Smt. Mani no such payment was made as in the case of other injured persons as she does not suffer any permanent disablement. 2. The claim awarded vide impugned award in four of the cases where the injured persons suffered permanent disablement was, however, lesser amount than Rs.25,000/- under the `No Fault Liability'. The amount awarded in claim case no. 160/2006 in the case of Smt. Rangi is Rs. 18,700/-; amount awarded in claim case no.161/2006 in the case of Ranchhor is Rs.15,300/-; amount awarded in claim case no. 162/2006 in the case of Smt. Champa is Rs.15,300/-; amount awarded in claim case no. 164/2006 in the case of Kala is Rs.25,000/-. In claim case no. 163/2006 in the case of Smt. Mani, the learned Tribunal awarded compensation to the extent of Rs.5000/-only. 3. Learned counsel for the claimants urged that the learned Tribunal has erred in allowing very minimal compensation for the injuries suffered by the claimants in the said accident inasmuch as `No Fault Liability' paid by the Insurance Company as exceeded the awarded sum and claimants are required to refund back the difference amount. He also submitted that the compensation awarded in claim case no. 163/2006 in the case of Smt. Mani at Rs.5000/- is on a very lower side, therefore, same deserves to be enhanced. 4. Learned counsel for the Insurance Company opposed these submissions and prayed for dismissal of these appeals. 5.
He also submitted that the compensation awarded in claim case no. 163/2006 in the case of Smt. Mani at Rs.5000/- is on a very lower side, therefore, same deserves to be enhanced. 4. Learned counsel for the Insurance Company opposed these submissions and prayed for dismissal of these appeals. 5. Considering the submissions made at the bar and after going through the impugned award of the learned Tribunal, this Court is of the opinion that enhancement to the extent of `No Fault Liability' as prayed for in the present appeals deserves to be allowed so that the compensation paid to the claimants under the `No Fault Liability' provision is not recovered back from such claimants. As far as claim case no. 164/2006 of appellant Kala is concerned, the learned Tribunal has awarded a sum of Rs.25,000/-, therefore, no further enhancement is called for in that case. In claim case no. 163/2006 of appellant Smt. Mani, in which the learned Tribunal has awarded the compensation of Rs.5000/-, this Court is of the opinion that looking to the nature of simple injuries, the awarded compensation is adequate and does not call for any interference by this Court for further enhancement. 6. Accordingly, appeals No. 692/2008 & 693/2008 filed by Kala and Smt. Mani respectively are liable to be dismissed and same are accordingly dismissed. However, appeals of appellant Smt. Rangi (CMA No.653/2008), Ranchhor (CMA No.691/2008) and Smt. Champa (CMA No. 694/2008) are partly allowed and compensation awarded by the learned Tribunal vide impugned award dated 17.3.2008 in their cases is enhanced to the extent of Rs.25,000/- & these appellants -claimants shall not be required to refund back the amount paid to them under Section 140 of the Motor Vehicle Act.