NATHU LAL Vs. HEERA LAL & ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 14.03.2008 passed by Motor Accident Claims Tribunal, Udaipur (the Tribunal), whereby, for the injuries suffered by claimant Nathu Lal, the Tribunal has awarded a sum of Rs. 24,300/- as compensation alongwith interest @ 7.5% per annum from the date of filing application for compensation (the application) i.e. 17.10.2006.

(2.) The Tribunal while considering the quantum of compensation, discarded Bills (Exhibit - 17 to 27), which it was claimed that after a passage of two months from the date of accident, the appellant got himself re-examined and was required to undergo treatment. The Tribunal came to the conclusion that from the Injury Report at the time of accident only simple injuries have been indicated and if the claimant had suffered fracture at the time of the said accident, the Injury Report would have indicated the same.

(3.) It is submitted by learned counsel for the appellant that it was not justified on part of the Tribunal to reject the said Bills inasmuch as, it is clearly indicated that the injury was about two months old, which coincided with the date of accident.