High Court of Rajasthan at Jodhpur dismissed an appeal filed to enhance compensation awarded by the Motor Accident Claims Tribunal for injuries sustained by the appellant, holding the Tribunal's award just and appropriate with no evidence of permanent disability.
Compensation awarded by the Tribunal is affirmed; appeal is dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 3244/2018
Bhanwarlal S/o Ganpatram, Aged About 48 Years, B/c Vishnoi, R/o Jaloda, Tehsil Phalodi, District Jodhpur.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Prashant Panwar
HON'BLE MR. JUSTICE P.K. LOHRA
Order
27/11/2018
Appellant-claimant has laid this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘Act’) seeking enhancement of compensation quantified and awarded by Motor Accident Claims Tribunal-I, Jodhpur (for short, ‘learned Tribunal’) by its judgment and award dated 13.08.2018.
The learned Tribunal, while adjudicating claim of the appellant under Section 166 of the Act, made sincere endeavour to quantify compensation for the injuries suffered by appellant in an accident, which occurred on the road approaching Pali from Shatabdi Circle.
(2 of 2)
[CMA-3244/2018]
As per appellant, he suffered two fractures in the accident on his leg and some other injuries, and thereupon, was also subjected to operation. During treatment, the appellant also remained as indoor patient for ten days. The learned Tribunal, at the threshold, examined the evidence for deciding issue No.1 and found that accident occurred due to rash and negligent driving of the insured vehicle. While adverting to issue No.3, the learned Tribunal has awarded compensation for compound fracture suffered by appellant to the tune of Rs. 25,000/- besides treatment expenses and under different heads finally arrived at a figure of Rs.55,490. The evidence, which has come on the record, nowhere indicates that on account of injuries suffered by appellant he has suffered permanent disability.
In view thereof, the compensation quantified and awarded by learned Tribunal is just and appropriate warranting no interference in exercise of appellate jurisdiction.
Resultantly this appeal fails and the same is hereby dismissed.
49-AnilKC/-
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal requires enhancement on appeal.
Whether the appellant suffered permanent disability justifying a higher quantum of award.
2 provisions across 1 enactments
Bhanwarlal S/o Ganpatram
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P.K. LOHRA
As recorded by the court registry
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