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2012 DIGILAW 721 (RAJ)

Mangal Ram v. Padam Logani

2012-03-22

MAHESH BHAGWATI

body2012
BHAGWATI, J.—The claimant appellant has filed this appeal for the enhancement of quantum of compensation. 2. Heard learned counsel for the appellant and perused the impugned award dated 8th November, 2011, whereby the Motor Accident Claims Tribunal (Additional District Judge (Fast Track) No.7, Jaipur Metropolitan, Jaipur decreed an amount of Rs. 67,600/- in favour of the claimant-appellant and against the non claimants-respondents. 3. Having heard the learned counsel for the appellant and carefully perused the impugned award, it is noticed that the appellant was found to have sustained only one fracture of femur bone. Albeit the appellant produced the disability certificate, wherein he was found to have suffered 28.35% permanent disability, but the learned Tribunal found that this disability certificate was issued by Dhanvantri Hospital, whereas the appellant got the treatment at SMS Hospital, Jaipur and not at Dhanvantri Hospital. There is no evidence on record to base that the Dhanvantri Hospital was authorized to issue the Disability Certificate. The learned Tribunal having considered the age, injury, nature of work performed by the appellant awarded a lumpsum amount of Rs. 50,000/- under the head of permanent disability. The learned Tribunal is also found to have awarded compensation under other heads viz. transportation, attendant charges, special diet, loss of income and medical bills also. The impugned award to the tune of Rs. 67,600/- is well merited and based on cogent finding, with which I fully concur and I do not find any ground to make any interfere in the same. 4. For these reasons, the appeal fails and the same being bereft of any merit deserves to be dismissed, which stands dismissed accordingly in limine.