SITA RAM Vs. RAM NARAIN & 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/ADJ (Fast Track) No. 3, Jaipur Distt. Jaipur (hereinafter referred to as "the Tribunal") in claim case No. 28/07, whereby the Tribunal has awarded compensation of Rs. 25,000/ - for injuries sustained by the appellant and holding the respondent Nos. 1 & 2 liable to pay the compensation, exonerating the respondent No. 3 insurance company. It has been sought to be submitted by the learned counsel Mr. Ram Singh Rathore, for the appellant that the Tribunal has not properly appreciated the evidence as regards the income of the appellant and has also not considered the disability incurred by him as a result of the accident.

(2.) THE Court does not find any substance in the submission made by the learned counsel for the appellant. The Tribunal in the impugned order has rightly considered the disability incurred by the appellant to the extent of 7.21%. In absence of any evidence as regards the income, the Tribunal has rightly considered Rs. 15,000/ - as his annual income. Since there was breach of condition of the policy on the part of the respondent Nos. 1 & 2, the Tribunal has rightly exonerated the respondent No. 3 insurance company from the liability to pay the compensation to the appellant. The compensation of Rs. 25,000/ - awarded by the Tribunal being just and proper, the Court does not find any substance in the present appeal. The appeal being devoid of merits deserves to be dismissed and is accordingly dismissed.