LAWS(RAJ)-2011-12-142

SURENDRA SINGH Vs. BUDH RAM & OTHERS

Decided On December 07, 2011
SURENDRA SINGH Appellant
V/S
Budh Ram And Others Respondents

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 173, Motor Vehicles Act for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Nohar in MAC Case No.67/2002 dated 30.06.2011, whereby, the Claims Tribunal awarded Rs.4,06,200/- in favour of appellant for the injuries sustained by the claimant in an accident occurred on 24.09.2001 when the appellant Surendra Singh and Dara Singh were travelling on motor-cycle No.RJ-31/M/9842 which was hit by tractor No.RJ-31/R/6029, driven by respondent No.1 Budhram.

(2.) Learned Claims Tribunal in the claim petition filed by the appellant gave finding that on the basis of injuries and 1medical evidence, in which, 51.3% permanent disability was declared, therefore, the the injured is entitled to compensation of Rs.4,06,200/-. Learned counsel for the appellant submits that the award impugned is erroneous because as per the evidence produced by the claimant no such claim can be awarded, therefore, the award impugned may be quashed.

(3.) After hearing learned counsel for the appellant and perusing the award impugned, I am of the opinion that assessment made by the Claims Tribunal upon different heads including loss of income on the basis of medical evidence is just and proper. No error has been committed by the Claims Tribunal while passing the award in favour of the appellant, therefore, no case is made out for enhancement of compensation.