SOHAN LAL Vs. KANA RAM BENIWAL & ORS.

JUDGEMENT

(1.) THE present appeal has been filed by the appellant -claimant under Section 173 of the Motor Vehicles Act, 1988 seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Shahpura, District Jaipur (hereinafter referred to as "the Tribunal") in M.A.C.T. Case No. 186/2009, whereby the Tribunal had awarded Rs. 10,000/ - for the injuries sustained by the appellant -claimant in the alleged accident. It has been submitted by the learned counsel Mr. Rakesh Bhargava for the appellant that the Tribunal has awarded lump -sum amount of Rs. 10,000/ -, though the appellant had sustained two serious injuries as per the medical report (Exhibit -10). According to him, the Tribunal has also not taken into consideration the permanent disability sustained by the appellant as a result of the accident in question.

(2.) IN the instant case, it is pertinent to note that though the alleged accident had taken place on 26.07.2006, the claim petition was filed by the appellant -claimant on 16.06.2009, i.e. about three years after the accident. That apart the appellant -claimant had also not been examined by the concerned doctor to prove the permanent disability alleged to have incurred by him as a result of the injuries. Under the circumstances, the Tribunal after taking into consideration the medical certificate (Exhibit -10) and the nature of injuries, awarded lump -sum amount of Rs. 10,000/ - by way of compensation, which appears to be just and proper in the facts and circumstances of the case. There being no illegality or infirmity in the impugned award passed by the Tribunal, this Court is not inclined to interfere in the same. The appeal being devoid of merits is dismissed accordingly.