- (1.) HEARD learned counsel for the appellant and learned counsel for the respondent no.2 ­ insurance company. None has appeared for the respondent no.1, the owner & driver of the offending vehicle, despite service.
(2.) THE instant appeal has been filed by the appellant/ claimant seeking enhancement of the compensation awarded to him by the learned Judge, Motor Accident Claims Tribunal, Rajsamand vide judgment and award dated 25.2.2004 in Claim Case No.38/2003 whereby he was awarded Rs.48,000/ - as compensation for the injuries received by him in a road accident as against the claim of Rs.2,25,000/ -. Learned counsel for the appellant contends that the learned Tribunal did not apply the appropriate criterion whilst calculating compensation awardable to the appellant/ claimant. He contends that the appellant was permanently disabled by 13% because of the fracture in leg but the learned Tribunal awarded to him compensation of only Rs.38,000/ - in all under the heads of permanent disability, pain and suffering. No separate amount was awarded to the appellant for the injuries received by him. Thus, he prays that the compensation awarded to the appellant by the learned Tribunal be enhanced appropriately.
(3.) LEARNED counsel for the respondent insurance company has vehemently the submissions advanced by the learned counsel for the appellant. However, he also does not dispute the fact that no separate amount was awarded by the learned Tribunal to the claimant for the injuries suffered by him in the accident.;