DINESH KUMAR Vs. NARAIN & ORS.

JUDGEMENT

(1.) THE present appeal arises out of the judgment & award dated 16.10.2006 passed by M.A.C.T. (Special Judge, SC/ST, Cases Court), Dausa (hereinafter referred to as "the Tribunal") in claim case No. 91/2005, whereby the Tribunal has awarded compensation to the tune of Rs. 32,000/ - with interest @ 7% per annum from the date of filing of the petition till realization, for the injuries sustained by the appellant in the alleged accident. It has been submitted by the learned counsel Mr. Ritesh Jain for the appellant that considering the injuries sustained by the appellant and the permanent partial disability sustained by him, the compensation awarded by the Tribunal is very inadequate. However, the learned counsel Mr. S.R. Joshi, for the respondent No. 3 -insurance company has submitted that the compensation awarded by the Tribunal is just and proper.

(2.) IT appears that the appellant sustained injuries in the accident which had taken place on 10.05.2004, when the appellant alongwith other two persons were traveling in the car bearing No. RJ -14 -2C -8500 and at that time a truck bearing No. RJ -14 -2G -5277 driven by the respondent No. 1 rashly and negligently came from the opposite side, hit the car of the appellant. According to the appellant, he had sustained injuries and suffered permanent partial disability to the extent of 6.8%. The Tribunal considering the income of the appellant as Rs. 6,000/ - per month awarded overall compensation Rs. 34,000/ -. Learned counsel Mr. Ritesh Jain for the appellant has failed to point out as to how the amount awarded by the Tribunal was inadequate. It appears that the appellant had neither produced any cogent evidence as regards the income, nor had examined the doctor to show that the permanent partial disability had effected his earning capacity. Under circumstances, the amount of compensation awarded by the Tribunal is just and proper. There being no illegality and infirmity in the impugned award passed by the Tribunal, the present appeal deserves to be dismissed and is accordingly dismissed.