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2017 DIGILAW 897 (RAJ)

Kishan Lal son of Shri Magraj Joshi v. Manohar Singh son of Shri Mool Singh

2017-04-06

GOVERDHAN BARDHAR

body2017
ORDER : Goverdhan Bardhar, J. 1. The instant civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the claimant/appellant for enhancement of the compensation awarded by the Motor Accident Claims Tribunal-I, Jodhpur (for short 'the Tribunal') vide impugned judgment and award dated 27.03.2014 passed in Claim Case No. 95/2010, whereby compensation to the tune of Rs.55,398/- along with interest at the rate of 8.5% per annum from the date of filing of the claim petition till its realization has been awarded in favour of the claimant/appellant. 2. Briefly stated the facts of the case are that on 08.09.2009 the claimant was going from Mathaniya to Jodhpur on his bicycle No.RJ19-SH-7596. When he reached near Kaliberi Circle, Truck No.RJ-19/1G 8166 coming from opposite side in a rash and negligent manner, hit the claimant's bicycle, as a result of which the claimant sustained simple and grievous injuries. In the claim petition, it was stated that on account of rash and negligent driving on the part of the driver of the offending vehicle accident took place. FIR of the said accident was registered at Police Station Soorsagar, Jodhpur. After investigation, charge-sheet was filed against the driver of the offending vehicle for offences under Sections 279, 337, 338 IPC. Reply was not filed on behalf of the respondent No.1. Respondent No.2-Insurance Company filed its reply and denied the contents of the claim petition but admitted that the offending vehicle was insured with it. The learned Tribunal on the basis of pleadings of the parties framed four issues. The claimant got examined himself and got exhibited 82 documents. On behalf of Insurance Company, Rakesh Teji was examined and four documents were exhibited. The learned Tribunal after hearing both the parties vide its judgment and award dated 27.03.2014 awarded a compensation of Rs.55,398/- along with interest at the rate of 8.5% per annum from the date of filing of the claim petition till its realization in favour of the claimant/appellant. Hence, this misc. appeal for enhancement of compensation. 3. Counsel for the claimant/appellant has submitted that the compensation awarded by the learned Tribunal is on lower side and needs to be enhanced as claimed in the claim petition. The claimant has remained as indoor patient for long time and has spent Rs.1.5 lacks in his treatment. Hence, this misc. appeal for enhancement of compensation. 3. Counsel for the claimant/appellant has submitted that the compensation awarded by the learned Tribunal is on lower side and needs to be enhanced as claimed in the claim petition. The claimant has remained as indoor patient for long time and has spent Rs.1.5 lacks in his treatment. In the accident, he has sustained fracture of tibia and fibula bone and ring and little fingers were also fractured. The judgment and award passed by the learned Tribunal is perverse inasmuch as the learned Tribunal has failed to consider the evidence in its right, legal perspective. 4. I have considered the submissions on behalf of the counsel for the appellant and perused the impugned judgment/award as also material available on record. 5. In this case, due to the accidental injuries, the claimant has sustained fracture of tibia and fibula bone and ring and little fingers were also fractured. As per the statement of the claimant, he remained indoor patient in hospital for long time and spent about Rs.1.5 lacks in his treatment. As per the injury report (Ex-5), the claimant sustained four injuries. As per x-ray report (Ex-6), injury No.1 was grievous in nature. The learned Tribunal has awarded Rs.3,000/- for simple injuries, Rs.15,000/- for grievous injury, Rs.4,500/- for hospitalization charges and Rs.22,898/- for medical bills. It is not in dispute that no disablement certificate has been produced by the claimant and there is no evidence on record that the claimant has sustained partial/permanent disability due to the injuries in the result of which he has lost his working/earning capacity. In my opinion, the amount of compensation awarded by the learned Tribunal is just and proper. 6. Hence, I do not find any ground to interfere with the impugned award.