GULAM MOHAMMAD Vs. SALEEM KHAN

JUDGEMENT

(1.) THE present appeal has been filed by the appellant-claimant seeking enhancement of the compensation awarded by the MACT, Jaipur City, Jaipur in Claim Petition NO. 1025/95 whereby the Tribunal has awarded Rs. 35000/- towards the injuries sustained by the applicant as a result of the accident in question as per the award dated 4.6.02.

(2.) IT has been sought to be submitted by the learned counsel for the appellant that the Tribunal has not properly appreciated the evidence adduced by the appellant-claimant and has awarded meager compensation. According to him the appellant had sustained the fracture of femur bone and he was driver by profession and after the accident he was unable to drive the vehicle. Relying upon the unreported judgment of this court in case of Amar Singh Vs. Samsher Khan & Ors. In SBCMA No. 12/03 decided on 27.3.06, the learned counsel submitted that the percentage of disability of body as a whole should have been taken into consideration while awarding future loss of income. He also relied upon the judgment of the Apex Court in Sri Kumaresh Vs. The Divl. Manager National Insurance Co. Ltd. & Anr. 2011 STPL (Web) 462 SC in support of his submission.