The High Court at Jodhpur dismissed the S.B. Civil Misc. Appeal filed by an injury claimant seeking enhancement of compensation. The appellant challenged a MACT award of Rs. 57,700/- but found the amount sufficient under prevailing law.
The appeal was dismissed as no case for interference was made out; the MACT award was deemed sufficient.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 677/2002
Mohammed Sadik And Ors
----Appellant
Versus
Babu Lal
----Respondent
For Appellant(s) : Mr. ML Khatri For Respondent(s) : Mr. Jagdish Vyas
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
08/08/2019
This appeal is filed by the claimant injured who claim that the award has been passed on the lower side for their compensation. It is the submission that on account of head injury the appellant had under gone treatment for which the total amount granted was only Rs. 48,000/-.
I have considered the submissions and find that statement of PW/1 Sher Mohammed was recorded and after assessing the injury, the MACT has awarded sum of Rs. 10,000/- towards the expenses during treatment and for pain and mental agony etc., sum of Rs. 25,000/ has been awarded and Rs. 5000/- for the maintenance during the treatment and Rs. 1000/- for conveyance and Rs. 7000/- has been awarded for loss of income.
Learned counsel submits that the amount should be enhanced.
Taking into consideration above facts and the evidence which has come on record, this Court does not find any reason to
(2 of 2)
[CMA-677/2002]
enhance the amount and find that a sufficient amount has been granted and the same is in accordance with prevailing law. Accordingly, no case for interference is made out, the appeal is dismissed.
(SANJEEV PRAKASH SHARMA),J
ns. 8-1/-
Mohammed Sadik And Ors
Babu Lal
SANJEEV PRAKASH SHARMA
As recorded by the court registry
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