LAKHMI CHAND Vs. OMA RAM & OTHERS

JUDGEMENT

(1.) By judgment dated 22nd Dec. 2001 passed by the Motor Accident Claims Tribunal, Barmer in Civil Misc. Case No. 37/1999, the Tribunal has awarded compensation in the sum of Rs. 92,600.00 with interest in favour of the appellant. The appellant, feeling aggrieved with the assessment of compensation, has come up through the appeal at hand under section 173 of the Motor Vehicles Act seeking enhancement.

(2.) Learned counsel for the appellant while submitting arguments has stated that the Tribunal has wrongly passed the award in lower side. The injured is an Army man, who suffered permanent disability and could not be promoted because of disability and impairment suffered despite, the Tribunal has not awarded anything towards disability and loss caused due to non-promotion and further loss of job, so the appeal may be allowed and the quantum of award may be enhanced.

(3.) Per contra, learned counsel for respondent-Rajasthan State Road Transport Corporation has submitted that the Tribunal has passed the award correctly. The appellant did not submit any evidence with respect to alleged permanent disability or deprivation of promotional aspect and the Tribunal has rightly awarded loss of income and expenses towards medical treatment. There is no wrong committed by the Tribunal, hence, the appeal is liable to be dismissed.