JUDGMENT 1. (Oral) - The present Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant, who was the claimant before the Tribunal, against the judgment and award dated 18.10.2014 passed by the learned Judge, Motor Accident Claims Tribunal, Jaitaran, District Pali in MAC Case No. 118/2014 "Prabhu Singh v. Nepal Singh & Ors. " by which judgment, while allowing the claim petition of the appellant-claimant, the learned Tribunal awarded compensation in the sum of Rs. 4,91,103/- in favour of the claimant for the injuries suffered by him in the accident in question occurred on 10.01.2011. This appeal has been preferred by the appellant-claimant seeking enhancement of the amount of compensation, as awarded by the Tribunal. 2. The brief facts of the case are that the appellant-claimant had filed the claim petition aforesaid seeking compensation with the averments that in the evening at around 4-5 p.m. on 10.01.2011, while he was going from his village to Kalinjar on his foot then, a motorcycle bearing registration number RJ-36 SC-1439 coming from his front side and driven rashly and negligently by its driver, i.e., the respondent No.1 Nepal Singh S/o Jhunjhar Singh, hit the claimant and as a result of this accident, the claimant was seriously injured. The claimant averred that because of this accident, he had suffered permanent disability and, therefore, suitable compensation may be granted. The claimant also averred that he earned Rs. 6000/- per month by doing the work of agriculture and its related other works. 3. After filing of the counter to the claim petition by the respondents, i.e., the driver, owner and the insurer of the vehicle in question, the Tribunal had framed the points for adjudication of the claim case and after taking the evidence on record and after its appreciation, awarded compensation in the sum of Rs. 4,91,103/- in favour of the claimant. 4. The learned Tribunal had taken the monthly income of the claimant-Prabhu Singh at Rs. 4,316/-, taking his age between 35 to 40 years and after applying the multiplier of 15 and believing the disability at 42%, allowed the total sum of Rs. 3,26,289/- towards 'loss of income' in future [ Rs. 4,316/- p.m. x 12 x 15 x 42% = Rs. 3,26,289/-]. The learned Tribunal has allowed Rs. 98,814/- towards treatment and medical bills, Rs. 6000/- towards one grievous and one simple injuries, Rs.
3,26,289/- towards 'loss of income' in future [ Rs. 4,316/- p.m. x 12 x 15 x 42% = Rs. 3,26,289/-]. The learned Tribunal has allowed Rs. 98,814/- towards treatment and medical bills, Rs. 6000/- towards one grievous and one simple injuries, Rs. 10000/- towards mental agony, Rs. 15000/- towards transportation, Rs. 5000/- towards hospitalization, Rs. 5000/- towards dietary expenses and Rs. 25000/- towards loss of future income. In view of this, the learned Tribunal below has awarded the total compensation in the sum of Rs. 4,91,103/- to the claimant. 5. The relevant portion of the findings of the learned Tribunal is quoted herein below for ready reference:- iapkV vr% izkFkhZ izHkw flag dh vksj ls izLrqr Dyse vkosnu&i= izkFkhZ ds i{k esa ,oa foi{kh la[;k 1 yxk;r 3 ds fo:) la;qDr ,oa i'Fkd&i'Fkd :i ls Lohdkj dj fuEukuqlkj iapkV ikfjr fd;k tkrk gS%& 1- fd izkFkhZ izHkw flag dqy :i;s 4]91]103@& crkSj {kfriwfrZ jkf'k vizkFkhZ la[;k 1 yxk;r 3 ls la;qDr ,oa i'Fkd&i'Fkd :i ls izkIr djus dk vf/kdkjh gSA izkFkhZ }kjk bl izdj.k esa ;fn dksbZ varfje {kfriwfrZ jkf'k iwoZ esa izkIr dh xbZ gks rks mls fu;ekuqlkj mDr {kfriwfrZ jkf'k esa lek;ksftr fd;k tkosA lek;kstu i'pkr 'ks"k jkf'k ij izkFkhZ ;kfpdk is'k djus dh fnukad 29-08-2011 ls olwyh rd 9 izfr'kr lkykuk dh nj ls C;kt Hkh izkIr dj ldsxkA mDr C;kt lfgr cuus okyh jkf'k esa ls :i;s 2]00]000@& rhu o"kZ dh vof/k ds fy, lkof/k tek ;kstuk ds rgr tek djok;s tkosA lkof/k tek jkf'k ij izkFkhZ dks =Sekfld varjky ls C;kt ns; gksxkA cpr [kkrs ls jkf'k vkgfjr dh tk ldsxhA vizkFkhZx.k mDr jkf'k izkFkhZ ds uke vnkrk pSd ds }kjk vkns'k dh fnukad ls 30 fnol dh vof/k ds Hkhrj vf/kdj.k esa tek djsaA Sd/- ( xc:n~nhu eks;y ) U;k;k/kh'k eksVj nq?kZVuk nkok vf/kdj.k tSrkj.k] ftyk ikyh ( jkt0 )" 6. Having heard the learned counsel for the appellant and upon perusal of the material placed on record and the findings of the learned Tribunal on the issues framed by it, this Court finds no force in the present appeal of the appellant-claimant-Prabhu Sigh seeking enhancement of the amount of the compensation, as awarded by the Tribunal and the same is liable to be dismissed.
This Court is of the view that the learned Tribunal has rightly appreciated the evidence on record and in view of the fact that the claimant had suffered 42% permanent disability and this disability has affected his working capacity and has very rightly allowed the aforesaid compensation to the claimant, therefore, the aforesaid compensation awarded in favour of the claimant is just and fair compensation and does not call for any enhancement. 7. Accordingly and in view of the above, the present Misc. Appeals filed by the appellant-claimant-Prabhu Singh S/o Jor Singh Rawal stands dismissed. No costs. A copy of this order be sent to the learned Judge, Motor Accident Claims Tribunal, Jaitaran, District Pali and to the parties concerned forthwith.Appeal dismissed. *******