HARISH Vs. MAHAVEER

JUDGEMENT

(1.) The present civil misc. appeal has been filed by the appellant-claimant under Sec. 173 of the Motor Vehicles Act for enhancement of compensation, assailing the impugned judgment dtd. 20/3/2014 passed by the Court of Motor Accident Claims Tribunal, Sawaimadhopur (Raj.) (for short 'the Tribunal') in claim case No. 186/2011, whereby compensation of Rs.1,09,490.00 has been awarded along with interest @ 6% per annum in favour of the claimant-appellant.

(2.) Learned counsel for the claimant-appellant submits that the appellant-claimant had filed a claim petition before the Tribunal under Sec. 166 of the Motor Vehicles Act seeking compensation of Rs.6,37,000.00 which was partly allowed and the Tribunal has awarded compensation as aforesaid in lower side. Counsel further submits that at the time of accident, the appellant-claimant sustained 50% permanent disability, but his disability certificate was not allowed to be taken on record. Counsel requested the Court to take judicial notice of the same and pass appropriate orders for enhancement of the claim.

(3.) After taking into consideration the facts available on record, the Tribunal has assessed the compensation of Rs.1,09,490.00which is just and reasonable in the case of injuries sustained by the appellant-claimant and the same cannot be termed as inadequate or unjust. It is the settled position of law that whenever any document is not exhibited on the record of the trial Court, the same cannot be taken into consideration whenever the matter is finally adjudicated. Here in this case the disability certificate of the claimant was not exhibited, hence the Tribunal has decided the claim of the claimant on the basis of the evidence and documents available on the record. Thus the compensation awarded by the Tribunal for the injuries sustained by the claimant appears to be just and proper, which needs no interference of this Court.