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2012 DIGILAW 1165 (RAJ)

Bhagirath v. Ramphool

2012-05-08

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal has been preferred by the claimant appellant seeking enhancement of compensation of Rs.50,500/- that was awarded by the Motor Accident Claims Tribunal, Jaipur City, Jaipur dated vide award dated 1/9/2006 for the injuries sustained by the appellant in a road accident. 2. The only argument raised by the learned counsel for the appellant in assailing the quantum of compensation is that the learned Tribunal erred in law while awarding meager sum for the injuries sustained by the appellant. 3. Upon hearing learned counsel for the appellant and perusing the impugned award, I find that the appellant failed to adduce evidence that he was earning Rs.6000/- from the sanitary work. Though AW3 Ramchandra Contractor in his statement has stated that appellant was working with him as a Fitter but he did not submit any documentary evidence in this regard. Rightly so, learned accepted Rs.73/- per day wages notified for a skilled labour at the relevant time and accepted yearly income of the appellant at Rs.25,000/- p.a. and applied the multiplier of 17. Sufficient sum of Rs.25,000/- has been awarded against 6% disability accepting loss of future income. Rs.5,000/- has been awarded for medical treatment and injuries sustained by the appellant. Rs.11500/- has been awarded against the actual medial expenses vide Exh.18, Exb.20 and Ex.b28 to Exb.63. Rs.3,000/- has been awarded for transportation and attendant charges. Rs.6,000/- has been awarded for mental agony and nutritious diet. Thus, in all, Rs.50,500/- has been awarded, which cannot be towards the lower side. I do not find any merit in the appeal, which is accordingly dismissed.