Research › Search › Judgment

Rajasthan High Court · body

2013 DIGILAW 411 (RAJ)

Jagroop Singh v. Chhagan Lal

2013-02-18

MAHESH CHANDRA SHARMA

body2013
JUDGMENT 1. - This appeal has been filed against the judgment and award dated 27.10.2005 passed by MACT.Brief facts of the case are as under:- "On 20.5.2005 the claimant appellant was going on his Motor Cycle No. RJ 18 1M 4300 from Jhunjhunu to his native place at village Nanwas. At about 11.00 AM when he reached on the turn near the house of Ramjilal Kumawat, from Bhaisawanta to Sanvlod, a Jeep No. RJ 23 U 0046 being driven by its driver rashly and negligently came towards the appellant and hit the motor cycle. As a result of which the claimant appellant sustained injuries." 2. After that the FIR was lodged. Claim petition was filed by the claimant. Notices were issued, reply was filed, issues were framed, evident was submitted and after hearing both the sides, an award of Rs. 26,000/- has been passed by the Tribunal in favour of the claimant and against the non claimants. 3. Against the said judgment and award dated 27.10.2005, this appeal has been submitted by the claimant for enhancing the amount of compensation. 4. Learned counsel for the claimant has contended that the award passed by the learned Tribunal is required to be enhanced upto the amount claimed and there is no valid reason for denial of the claim raised by the appellant. 5. E converso, the learned counsel for the respondents defended the impugned award and stated the same to be just and apposite. 6. I have heard learned counsel for the parties and perused the judgment and award dated 27.10.2005 passed by the learned Tribunal. The learned Tribunal after considering the aforesaid facts and circumstances as well as the medical bills, number and nature of injuries and considering the notional income, age and applying the multiplier as envisaged in the IInd Schedule appended to the M.V. Act, is found to have rightly passed the judgment and award dated 27.10.2005, hence I do not think it proper to interfere in the same and the appeal filed by the claimant being bereft of any merit deserves to be dismissed, which stands dismissed accordingly after confirming the judgment and award passed by the learned Tribunal.Appeal dismissed. *******