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2012 DIGILAW 343 (RAJ)

Fuma v. Mitthu Lal

2012-02-07

MAHESH BHAGWATI

body2012
BHAGWATI, J.—Challenge in this appeal is to the judgment and award dated 12th June, 2008, whereby the Motor Accident Claims Tribunal (A.D.J.), Fast Track, No.2, Tonk, decreed an amount of Rs. 22,816/- in favour of claimant-appellant and against the non claimants-respondents on account of an accident having taken place on 27.12.2005 at Mauja Ghas, Police Station Sadar, District Tonk. Being dissatisfied with the amount of compensation, the claimant-appellant has implored for enhancement of the same. 2. Smt. Manju Jain Advocate is directed to accept the notice on behalf of the respondent No.3. A copy of the memo of appeal was supplied to her today itself. 3. Heard the learned counsel for the parties and carefully perused the relevant material on record. 4. Having heard the learned counsel for the parties and carefully perused the impugned award, it is noticed that the learned Tribunal awarded Rs. 4000/- for the medical expenses, transportation charges and nutritional diet etc.; Rs. 400/- for loss of income; Rs. 18,416/- under the head of physical pain and trauma as also permanent disability etc. 5. Learned counsel for the appellant submits that the amount of Rs. 18,416/- awarded by the learned Tribunal under the head of physical pain and trauma as also the permanent disability is very meagre. In the interest of justice, this amount should be enhanced and the impugned award be modified. 6. Learned counsel for the respondent-non claimant No.3 does not object to it. 7. With the consent of learned counsel for the parties, I deem just and proper to enhance the amount of compensation awarded under the head of physical pain, trauma as also the permanent disability from Rs. 18,416/- to Rs. 28,416/-. 8. In the result, the Writ petition is partly allowed. The claimant appellant is held entitled to get an amount of Rs. 32,816/- instead of Rs. 22,816/- from the non claimants-respondents. Rest of the terms under the award shall remain unchanged. 9. Impugned award stands modified as indicated here-in-above.