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2015 DIGILAW 2004 (RAJ)

Pannaram v. Bhanwer Singh

2015-12-03

VIJAY BISHNOI

body2015
JUDGMENT 1. - This civil misc. appeal has been filed by the appellant with a prayer for enhancing the compensation awarded by Motor Accident Claims Tribunal, Jalore (hereinafter referred to as 'the tribunal') in Civil Misc. (MAC) Case No.58/2011 vide judgment dated 30.05.2015 in lieu of injuries received by him in accident happened on 17.02.2011 involving vehicle Jeep No.RJ-16-T-1251, which was owned by respondent No.2 and driven by respondent No. 1, whereas insured with respondent No.3 - Insurance Company. 2. The tribunal has found that the accident took place due to rash and negligent driving of the jeep by respondent No. 1. However, the tribunal has exonerated respondent No.3 - Insurance Company because respondent No. 1 - driver was not holding a valid licence at the time of accident. The tribunal has, therefore, fastened the liability of paying compensation upon respondent Nos. 1 and 2. 3. The tribunal has computed the total amount of compensation to be paid to the appellant as Rs. 79,000/- along with interest at the rate of 7.50% per annum from the date of filing of the claim petition. 4. The appellant has filed the appeal with the prayer for enhancement of the compensation amount. Learned counsel for the appellant has submitted that the tribunal has awarded very less amount of compensation, though, the appellant has suffered permanent disability. Learned counsel for the appellant has also argued that the tribunal has not awarded any compensation under the head of transportation charges, though, receipts have been produced by the appellant to prove that the appellant has spent huge amount on transportation for the purpose of treatment regarding injuries received in accident. Learned counsel for the appellant has also argued that the medical bill has also not been reimbursed in full by the tribunal. 5. On the strength of the above arguments, learned counsel for the appellant has argued that the appeal may kindly be allowed and the compensation awarded by the tribunal to the appellant may kindly be suitably enhanced. 6. After hearing learned counsel for the appellants and after perusing the judgment impugned, I find that there is no merit in this appeal because the appellant has failed to produce any certificate before the tribunal to prove that he has suffered any kind of permanent disability on account of the injuries received by him in the accident that took place on 17.02.2011. 7. 7. It is also noticed that the appellant has produced Ex. 13 to Ex. 138 in respect of the medical expenses incurred during the course of treatment and the whole amount of the said receipts was allowed by the tribunal and against the total amount shown in the medical bills of Rs. 49,900/-, Rs. 50,000/- has been awarded by the tribunal as medical expenses. 8. In respect of transportation charges, the tribunal has observed that though the appellant has produced receipts Ex. 108 to Ex. 116 regarding the transportation charges but the same have not been proved by the driver and the owner of the vehicle to whom the receipts are related. However, despite the same the tribunal has awarded compensation of Rs. 8,000/- against the transportation charges. The tribunal has also awarded Rs. 15,000/-under the head of loss of income and Rs. 1000/- for nutritious food. 9. Learned counsel for the appellant has failed to convince this Court that the compensation awarded by the tribunal is inadequate in any manner. 10. Hence, I do not find any merit in this appeal, the same is hereby dismissed.Appeal dismissed. *******