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2022 DIGILAW 571 (RAJ)

Harish Alias Harsh v. Mahaveer

2022-02-17

ANOOP KUMAR DHAND

body2022
JUDGMENT anoop Kumar Dhand, J. - The present civil misc. appeal has been filed by the appellant-claimant under Section 173 of the Motor Vehicles act for enhancement of compensation, assailing the impugned judgment dated 20.03.2014 passed by the Court of Motor accident Claims Tribunal, Sawaimadhopur (Raj.) (for short 'the Tribunal') in claim case No. 186/2011, whereby compensation of Rs. 1,09,490/- has been awarded along with interest @ 6% per annum in favour of the claimant-appellant. 2. Learned counsel for the claimant-appellant submits that the appellant-claimant had filed a claim petition before the Tribunal under Section 166 of the Motor Vehicles act seeking compensation of Rs. 6,37,000/- which was partly allowed and the Tribunal has awarded compensation as aforesaid in lower side. Counsel further submits that at the time of accident, the appellant-claimant sustained 50% permanent disability, but his disability certificate was not allowed to be taken on record. Counsel requested the Court to take judicial notice of the same and pass appropriate orders for enhancement of the claim. 3. Per contra, learned counsel appearing for the respondents opposed the prayer made by the counsel for the claimant-appellant. Counsel submits that when the disability certificate was not allowed to be taken on record and the same was not exhibited, hence, the same cannot be allowed to read as evidence now at the appellate stage. Counsel further submits that even application under Order 41 Rule 27 CPC for taking the said document on record was not submitted by the claimant-appellant. Hence, now the prayer made by the counsel for the claimant-appellant should not be accepted. Lastly, counsel for the respondents argued that the Tribunal has decided the matter after appreciating the evidence and the documents available on the record which needs no interference of this Court. 4. Heard counsel appearing for the respective parties. 5. after taking into consideration the facts available on record, the Tribunal has assessed the compensation of Rs. 1,09,490/-which is just and reasonable in the case of injuries sustained by the appellant-claimant and the same cannot be termed as inadequate or unjust. It is the settled position of law that whenever any document is not exhibited on the record of the trial Court, the same cannot be taken into consideration whenever the matter is finally adjudicated. 1,09,490/-which is just and reasonable in the case of injuries sustained by the appellant-claimant and the same cannot be termed as inadequate or unjust. It is the settled position of law that whenever any document is not exhibited on the record of the trial Court, the same cannot be taken into consideration whenever the matter is finally adjudicated. Here in this case the disability certificate of the claimant was not exhibited, hence the Tribunal has decided the claim of the claimant on the basis of the evidence and documents available on the record. Thus the compensation awarded by the Tribunal for the injuries sustained by the claimant appears to be just and proper, which needs no interference of this Court. 6. It is the settled law that claim of compensation may not be taken as a windfall, if the Tribunal has assessed and awarded just compensation, the appellate Court ordinarily should not interfere with the same. 7. accordingly, this Court is not inclined to entertain this appeal and the same is hereby dismissed. 8. all pending application(s), if any, stand disposed of. 9. Registry is directed to send back the record of the case to the concerned Tribunal forthwith.