- (1.) THIS appeal has been filed by the appellant-claimant for seeking enhancement of compensation awarded by the learned M.A.C.T., Bhilwara while deciding the Claim Case No.701/2005 vide the judgment and award dated 29.07.2010.
(2.) THE learned Tribunal has awarded compensation to the tune of Rs.69,000/- for the injuries suffered by the claimant-appellant in an accident, which took place on 08.07.2005 at about 08.30 PM, when the appellant was coming after finishing his duties on his Luna moped. As soon as, the claimant-appellant reached near Girls school, one Truck bearing registration No.RJ-06-G-2850, which was driven by its driver in a rash and negligent manner and hit the claimant, as a result of which the appellant sustained grievous injuries viz. fracture in femur bone. On account of injuries suffered by the claimant, he sustained permanent disability to the extent of 12%. THE claimant-appellant, therefore, filed claim petition claiming compensation to the tune of Rs.5,38,162/- for the injuries suffered by him in the said accident. The learned Tribunal after considering the evidence of the respective patries, arrived at the conclusion that compensation of Rs.69,000/- deserves to be granted to the claimant. Mr. Manish Pitaliya, learned counsel for the appellant- injured submitted that the claimant had sustained permanent disability to the extent of 12% on account of injuries and, therefore, his post retiral income even though he was a Government servant, is likely to be reduced, therefore, the compensation deserves to be suitably enhanced. The learned Tribunal has awarded the said compensation of Rs.69,000/- in various heads including the reimbursement of medical expenses, mental pain and agony and transportation expenses etc. and besides this for the permanent disability, the learned Tribunal has awarded a lump sum of Rs.40,000/- to the claimant-appellant. Having heard learned counsel for the appellant and for the reasons given in the impugned judgment and award, this Court is satisfied that the compensation awarded by the learned Tribunal of Rs.69,000/- with interest 8% p.a. is just and fair, which does not call for any further enhancement in the present appeal.
(3.) ACCORDINGLY, the present appeal of the appellant- claimant is found be bereft of any merit and the same is hereby dismissed. No costs. A copy of this order be sent to the opposite party and learned Tribunal forthwith.;