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2012 DIGILAW 1288 (RAJ)

Deepak Kumar Jain v. Anil Kumar

2012-05-16

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—The appeal is time barred by 93 days and appellant has filed an application under Section 5 of Limitation Act for condonation of delay. For stated reasons, application is allowed. Delay in filing the appeal is condoned. Matter is heard on merits. 2. Claimant has preferred this appeal being aggrieved by award dated 14.08.2008 of learned Motor Accident Claims Tribunal, Jhalawar, in MAC Case No.84/2007, whereby learned Tribunal awarded compensation of Rs.35,000/- for injuries sustained by him in a road accident. 3. On 19.10.2006 appellant was going to Indore in a Jeep bearing No.RJ-17-U-0223, which was being driven by respondent no.1. On account of rash and negligent driving, the jeep turned turtle, as a result of which appellant sustained injuries on various parts of his body and his right leg was fractured. For the injuries sustained by appellant, learned Tribunal has awarded a very meager sum as compensation. Hence, it is prayed that appeal be allowed and compensation be suitably enhanced. 4. On hearing learned counsel for appellant and perusing material on record, I am of the view that learned Tribunal has rightly awarded compensation of Rs.35000/- to appellant. Learned Tribunal has held that accident took place due to rash and negligent driving by driver of offending vehicle. As per injury report (Exhibit-4), the appellant received contusion on upper part of right thigh and abdomen. He also sustained two abrasions on forehead and left eyebrow. Injuries no.3 and 4 have been described to be simple in nature and for injury no.1 X-ray was advised. As per permanent disability certificate (Exhibit-10), appellant has sustained 5% permanent disability. Keeping in view the number and nature of injuries and percentage of permanent disability, learned Tribunal has rightly awarded compensation of Rs.35,000/-. I do not find any infirmity or illegality in the findings recorded by learned Tribunal. No interference is called for in impugned award. The appeal, being devoid of merit, is hereby dismissed.