JUDGEMENT
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(1.) THIS appeal has been filed by the appellant-claimant for seeking enhancement of compensation awarded by the learned M.A.C.T., Pali while deciding the Claim Case No.84/2006 vide the judgment and award dated 12.12.2007.
(2.) THE learned Tribunal has awarded compensation to the tune of Rs.60,000/- with interest @ 7% p.a. from the date of presentation of the claim for the injuries suffered by the claimant- appellant in an accident, which took place on 17.11.2005, when the appellant was coming on his (Bajaj M-80) RJ-22-M-4502 from Sanderao to National Hiway No.14, at that time, a Vehicle Indigo Car No. RJ-30-C-3463, which was driven in a rash and negligent manner by fourth respondent (Ratan Lal) hit the vehicle of the appellant, due to which, the appellant received various injuries. An FIR was also lodged at the Police Station- Sanderao, and the police after completion of investigation, filed charge sheet against the respondents No.4 and 5 for the offences under Sections 279, 337 and 338 of IPC. THE claimant-appellant, therefore, filed claim petition claiming compensation to the tune of Rs.11,47,540/- 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.60,000/- deserves to be granted to the claimant.
Mr. Sunil Vyas, learned counsel for the appellant-injured submitted that the claimant had sustained various injuries, which were of grievous in nature, due to which, he has not able to do physical work in remaining period of life due to permanent disability to the extent of 22% 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.60,000/- in various heads including the reimbursement of medical expenses, mental pain and agony and transportation expenses etc.
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.60,000/- with interest 7% 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.;
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