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2012 DIGILAW 472 (RAJ)

Narayan Singh v. Ved Singh

2012-02-17

BELA M.TRIVEDI

body2012
TRIVEDI, J.—The appellant-claimant has preferred the present appeal under Section 173 of the Motor Vehicle Act, 1988 seeking enhancement of the compensation awarded by the MACT,(Fast Track), Behror District Alwar (hereinafter referred to as 'the Tribunal') in Claim Case No. 24/09, whereby the Tribunal has awarded the compensation to the tune of Rs. 6461/- with interest @ 6% per annum for the injuries sustained by the appellant-claimant. 2. The only contention raised by the learned counsel for the appellant is that the Tribunal has not considered the disability certificate produced by the appellant for the purpose of ascertaining future loss of income. 3. There is no substance in the submission made by the learned counsel, inasmuch as the appellant had neither produced evidence of income, nor examined the doctor to prove his disability as alleged by him. As per the legal position settled by the Apex Court, every disabilities does not result into loss of future income and the claimant has to prove that such disabilities had affected his earning capacity, which the appellant has failed to prove in the instant case. The Tribunal having considered the evidence in detail has awarded the compensation which does not call for any interference of this Court. The appeal being devoid of merits deserves to be dismissed and is accordingly dismissed.