- (1.) In this miscellaneous appeal filed under Section 173, Motor Vehicles Act, 1988, the appellant has prayed for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Udaipur in MAC Case No.238/2011 dated 15.06.2011, whereby compensation of Rs.1,56,000/- has been awarded by the learned Tribunal in favour of the appellant injured claimant for the injuries caused in an accident occurred on 29.07.2007 when the appellant was travelling in jeep No.RJ-27-T-2464 in between Udaipur to Jhadol.
(2.) Learned counsel for the appellant submits that assessment made by the Claims Tribunal for the injuries sustained by the appellant is erroneous because he remained in hospital for more than 35 days and suffered 3 injuries upon his right and left legs. It is also pointed out that during treatment his legs were operated upon for grafting and skin grafting was also made, in which, huge amount was spent by the appellant; but, all these facts have not been considered properly by the Tribunal while assessing the compensation, therefore, the award passed by the Claims Tribunal may be suitably enhanced. After hearing learned counsel for the appellant, I have perused the award impugned.
(3.) Admittedly, in the accident which took place on 29.07.2007, when the appellant was travelling in jeep No.RJ-27-T-2464, said jeep was hit by jeep No.RJ-27-T- 2918 and, in that accident, the appellant received the above injuries. It is true that legs of the appellant were operated upon and necessary treatment was given and, for the treatment, the appellant remained in hospital. The Tribunal awarded Rs.35,000/- for treatment in the hospital and assessed Rs.1,00,000/- as compensation on account of physical disability, so also, Rs.21,000/- for medical and other expenses. In my opinion, the total amount of the award which is R1,56,000/- awarded in favour of the appellant by the Tribunal is just and proper for the injuries sustained by the appellant in the accident. Therefore, there is no force in this appeal for the purpose of enhancement.;