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2012 DIGILAW 450 (RAJ)

Sankar Lal Yadav v. Siv Narayan

2012-02-15

BELA M.TRIVEDI

body2012
TRIVEDI, J.—The present appeal has been filed by the appellant-claimant seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Chomu, Jaipur, in Claim Case No.169 of 2008 whereby the Tribunal has awarded Rs.3,16,000/- with interest at the rate of 7.5.% per annum from the date of the application, for the injuries sustained by the appellant as a result of the accident occurred out of the use of vehicle being Indica Car No.RJ-14 CB-1967. 2. It has been submitted by learned counsel for the appellant that the Tribunal has not properly considered the evidence on record adduced by the appellant,more particularly, the evidence of income of the appellant and the disability suffered by him as a result of the said accident. He further submitted that the Tribunal ought to have awarded compensation considering the disability to the extent of 51.67% and the income of the appellant as Rs.7,000/- per month. 3. Having regard to the submissions made by the learned counsel for the appellant and to the impugned award passed by the Tribunal, it transpires that the Tribunal after considering the evidence adduced by the appellant has awarded compensation to the extent of Rs.3,16,000/- with interest as stated hereinabove. It has been observed by the Tribunal that the appellant had not produced any document to show his income and therefore the income of the appellant has been considered to the extent of Rs.3,000/- per month. The Tribunal has also considered the evidence of the Doctor who had issued the disability certificate and narrated the contradictions appearing in his evidence. The Tribunal has further considered as to why the said disability certificate issued by the said Doctor should not be believed and has considered the disability of the appellant to the extent of 21.96%. The impugned award passed by the Tribunal being just and proper and the learned counsel for the appellant having failed to point out any perversity or illegality in the said award, this Court does not find any merit in this appeal. It is needless to say that what the appellant is entitled is just compensation which the Tribunal has awarded and the same does not require any interference of this Court. The appeal being devoid of merits deserves to be dismissed and is accordingly dismissed in limine.