KHUSHI RAM @ SUKHI RAM Vs. SANJAY SINGH & ORS.
LAWS(RAJ)-2012-2-153
HIGH COURT OF RAJASTHAN
Decided on February 27,2012

Khushi Ram @ Sukhi Ram Appellant
VERSUS
Sanjay Singh And Ors. Respondents

JUDGEMENT

Mahesh Bhagwati, J. - (1.) THE claimant appellant has filed this appeal for the enhancement of quantum of compensation. Heard learned counsel for the appellant and perused the impugned award dated 28th November, 2011, rendered by the Motor Accident Claims Tribunal, Dausa, whereby the learned Tribunal decreed an amount of Rs. 92,000/ - in favour of the claimant -appellant and against the non claimants -respondents.
(2.) HAVING heard the learned counsel for the appellant and carefully perused the impugned award, it is noticed that the learned Tribunal having analyzed the matter in detail, awarded Rs. 2000/ - to the appellant for having sustained two simple injuries; Rs. 15,000/ - for having remained admitted in the hospital; Rs. 15,000/ - for medical expenses, nutritional diet, transportation and attendant charges; and Rs. 60,000/ - for loss of income, mental agony and 20% permanent disability suffered by the appellant and decreed an amount of Rs. 92,000/as compensation. The impugned award is found to be well merited, based on cogent finding, with which I fully concur and I do not find any ground to make any interference therein. The Hon'ble Apex Court, in the case of Raj Kumar Vs. Ajay Kumar & Ors., reported in 2011 (1) TAC 785 (SC), has categorically held that all the injuries do not result into the loss of future earnings. The appellant has utterly failed to bring any evidence on record, which could lead the court to infer that on account of 20% permanent disability, his future income also proportionately decreased. The Tribunal is found to have already taken very lenient view and despite there being no evidence with regard to loss of future earnings, awarded Rs. 92,000/ - as compensation. Thus, no ground is found to enhance the quantum of compensation. For the reasons stated above, the appeal fails and the same being bereft of any merit deserves to be dismissed, which stands dismissed accordingly.;


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