- (1.) THIS appeal is directed against the judgment and award dated 13.06.2011 passed by the Motor Accident Claims Tribunal, Sirohi (for short 'the Tribunal' hereinafter) in MAC Case No.125/2009, whereby the learned Tribunal has awarded compensation of Rs.5000/ - for the injuries sustained by the appellant in an accident took place on 28.11.2008 involving a truck bearing No.RJ -05 -GA - 1490 insured with the respondent No.4.
(2.) BRIEF facts of the case are that the appellant has filed a claim petition alleging that on 28.11.2008, he was proceeding from Pindwara to Sirohi in his Auto - rickshaw No.RJ -24 -GA -0911 and at about 5:00 P.M., when he reached near a Nursery at Barighata, at that time, the Truck No.RJ.05 -GA -1490, coming from Pindwara side, collided with another Truck bearing No.RJ -14 -GB -4891, on account of which, the said truck twisted, turned turtle and collided with the auto - rickshaw of the appellant. In the said collision, the appellant and other passengers received injuries and the auto -rickshaw of the appellant was damaged. The appellant claimed for compensation of Rs.5,41,000/ - for the injuries sustained by him and under the various heads. The claim was contested by the respondents. However, on the basis of pleadings of the parties, the learned Tribunal framed as many as four issues, and while deciding the issues, the learned Tribunal has held that the accident took place due to rash and negligent driving of the driver of the Truck No.RJ -24 -GA -1490 and on account of that, the appellant sustained injuries. The learned Tribunal, while analyzing the evidence regarding the injuries sustained by the appellant, has taken into consideration the documentary evidence produced on behalf of the appellant and held that from the said evidence, it is emerged that the appellant received three simple injuries only, and for that, a sum of Rs.5000/ - has been awarded by the learned Tribunal to the appellant under the heads of medical expenses and pain and sufferings.
(3.) THE appellant has challenged the said award while claiming that the learned Tribunal has passed the award without taking into consideration the documentary evidence produced by him in right perspective and has prayed for enhancement of the award.;