HARI NARAYAN Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) The present appeal filed under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/claimant seeking enhancement in the compensation awarded by the MACT, Malpura, District Tonk (hereinafter referred to as 'the Tribunal') in Claim Petition No. 30 of 2007, whereby the Tribunal has awarded Rs.62,000/- with interest @ 6% per annum from the date of petition, till realization vide the award dated 05/02/2010, for the injuries sustained by the appellant in the accident in question.

(2.) As per the case of the appellant/claimant, on 02/02/2007 at about 4 p.m., he was going on bicycle from Indoli to Malpura and at that time one maruti car bearing No.RJ-01-CA-0992 suddenly came from Kekri side, which was driven by the respondent No.1 rashly and negligently. The said car hit the bicycle of the claimant from the back side, and therefore the claimant fell down and received injuries. The appellant-claimant, therefore, had filed the claim petition claiming compensation for the injuries and the partial disability sustained by him. The Tribunal, after appreciating the evidence on record, passed the award, as stated here-in-above.

(3.) It is submitted by the learned counsel Mr. Vivek Goyal for the appellant that the appellant had sustained the hip bone fracture, and other minor injuries, which had resulted into the physical disability to the extent of 30.5%. He further submitted that the appellant is facing difficulties in his routine work, and said disability has also adversely affected his earning capacity, and therefore, the amount is required to be enhanced suitably. Mr. Goyal has relied upon the decision of this Court in case of Kalu vs. Kishan Lal & Ors.,2009 5 WLC 514in support of his contentions.