BADRILAL Vs. HARIKISHAN

JUDGEMENT

(1.) Being aggrieved by the award dated 28-7-2010 passed by MACT, Jaora Distt. Ratlam in Claim Case No. 13/l0 whereby claim petition filed by the appellant for compensation on account of injuries sustained by him in a motor accident which took place on 10-3-2009 was allowed and compensation of L 64,798/- was awarded and respondent No.3 was exonerated, present appeal has been filed.

(2.) Learned counsel for the appellant argued at length and submits that the appellant sustained bone injuries. It is submitted that the appellant was hospitalized for some days. It is submitted that looking to the injuries sustained by the appellant amount awarded by the learned Tribunal is grossly inadequate, which deserves to be enhanced. So far as exoneration of respondent No. 3 is concerned, learned counsel submits that the findings of the learned Tribunal regarding exoneration of respondent No.3 is illegal, incorrect and deserves to be set aside as the copy of the license which was produced by the appellant is bearing endorsement to the effect that the respondent No.1 is authorized to drive the transport vehicle. It is submitted that in the facts and circumstances of the case, appeal filed by the appellant be allowed and amount of compensation be enhanced and the findings regarding exoneration of respondent No.3 be set aside.

(3.) Learned counsel for respondent No.3 submits that evidence was adduced by the respondent No.3 to the effect that the respondent No. 1 was not having valid driving license to drive the transport vehicle. So far as amount of compensation is concerned, learned counsel submits that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal is just and proper, which requires no interference. It is submitted that the appeal filed by the appellant be dismissed.