- (1.) This is an appeal under Section 173 of the Motor Vehicles Act against the judgment and award dated 15 th February, 2010 passed by the Judge, Motor Accident Claims Tribunal-I, Jodhpur, vide which, amount of Rs.40,000/- was awarded.
(2.) Learned counsel for the appellant while praying for enhancement submitted that the appellant had received 5 injuries and fracture. There were stitches on three injuries, whereas, the X-ray report shows that he had fracture on his left hand. It is further submitted that he remained admitted in the hospital for 15 days and during this period of hospitalization, he underwent various operations and incurred huge financial loss. His working capacity was reduced to a large extent and now he is dependent on others.
(3.) Learned counsel for the respondent insurance company while opposing the claim, submitted that the appellant was not able to produce any evidence qua injuries and expenses incurred by him. In fact, the accident was on account of the negligence of the appellant himself. Hence, he was not entitled for any claim but the insurance company has not challenged the impugned award on account of compassionate reasons. Heard.;