Hon'ble Mr. Justice Mahesh Bhagwati - (1.) CHALLENGE in this appeal is to the judgment and award dated 9th September, 2004, whereby the learned Motor Accident Claims Tribunal, Shahpura, District Jaipur decreed an amount of Rs. 70,000/ - in favour of claimant appellant and against the respondent's non claimants.
(2.) LEARNED counsel for the appellant has implored to enhance the amount of compensation mainly on this ground that the victim, during the accident, lost her eyes and she turned blind. The victim has to go long way in life and keeping in view the 44.10% permanent disability, the Tribunal has awarded an exiguous amount, which is undeniably abysmally low. Hence, the amount of compensation needs to be enhanced. E Converso, the Learned Counsel appearing for the Insurance Company vehemently opposed the submissions made by Learned Counsel for the appellant and contended that there is no whisper in the whole claim petition that the victim lost her eyes during the accident and she turned blind. Today, for the first time, the Learned Counsel for the appellant has argued on the ground of loss of eyes in the said accident, which cannot be permitted to be taken care of. The Learned Counsel for the Insurance Company defended the impugned award and stated the same to be just and proper and contended that it did not warrant any intervention.
(3.) HAVING considered the submissions made by Learned Counsel for the parties and carefully perused the impugned award, it is noticed that the learned Tribunal having discussed the entire evidence and critically analyzed all the facts emerging on record ad -longum, arrived at a finding that in the absence of any evidence with regard to income of the claimant appellant and in the entire facts and circumstances of the case, the total amount of compensation of Rs. 70,000/ - was appropriate and justified, with which I fully concur. Learned counsel for the appellant has utterly failed to convince me to take a contrary view to that of the view taken by the learned Tribunal in this regard.;