Research › Search › Judgment

Rajasthan High Court · body

2012 DIGILAW 245 (RAJ)

Bajrang Lal Sharma v. Ramdev Acharya

2012-02-01

VINEET KOTHARI

body2012
JUDGMENT 1. - The present appeal is directed against the impugned judgment and award dated 16.7.2011 passed by the learned Motor Accident Claims Tribunal, Parbatsar whereby the learned Tribunal has awarded a sum of Rs. 77,320 as compensation for the injuries suffered by Bajrang Lal and Rs. 12,100/- as compensation for the injuries suffered by Govind Prasad. 2. On 19.4.2009 both the applicants Govind Prasad and Bajrang Lal were going on a Motor Cycle bearing No.RJ-23-0787 from Kuchaman to Chhoti Losal and were hit by loading tempo No.RJ-23-GA/1940. On account of said accident, they suffered injuries, some of them simple and some grievous and consequently filed the claim petitions before the learned MACT, Parbatsar claiming compensation to the extent of Rs. 10,96,000/- and Rs. 38,31,000/- respectively. 3. The loading tempo is said to be insured with respondent No.3 Oriental Insurance Company Ltd., Ajmer. 4. The learned Tribunal after returning the findings of accident in favour of the present claimants proceeded to compute the compensation in para 21 and 25 of the impugned award and awarded a sum of Rs. 12,100/- for the simple injuries and one grievous injury as per X-ray report, namely, Injury No.4 for injured Govind Ram and Rs. 29,000/- for Bajrang Lal besides a sum of Rs. 48,320/- for medical expenditure incurred by both these persons was also reimbursed. 5. The claimants have filed the present appeal seeking enhancement of the compensation awarded by the learned Tribunal. 6. The learned counsel for the appellants urged that claimant Govind Prasad has also suffered 32% permanent disability for femur fracture suffered by him in the said accident on account of locomotor disability and diversed rom and therefore, compensation awarded by the leaned Tribunal is inadequate. However, he was unable to produce injury report before the Court showing exact nature of injuries suffered by the claimants. 7. Having heard the learned counsel and upon perusal of the impugned award and the reasons given therein, this Court is satisfied that the amount of compensation awarded by the learned Tribunal is adequate, just and proper and looking to the nature of injuries and reimbursement of complete medical expenditure, the compensation of Rs. 29,000/- and 12100/- respectively to Banrang Lal and Govind Prasad appears to be just and proper. No interference is called for in the impugned award. 8. 29,000/- and 12100/- respectively to Banrang Lal and Govind Prasad appears to be just and proper. No interference is called for in the impugned award. 8. Consequently, the present appeal is found to be devoid of merit and the same is accordingly dismissed. No order as to costs. A copy of this order be sent to the opposite party as well as the learned Tribunal.Appeals dismissed. *******