J.K.RANKA,J. - (1.) Instant appeal has been filed by the appellant-Insurance Company under Section 173 of the Motor Vehicles Act, 1988 assailing the judgment and award dated 20/11/2009 passed by the Motor Accident Claims Tribunal, Tonk (Raj.) in Claim Case No.138/2007 (Ramnarayan v. Ramesh Chand Sharma and Anr.) whereby the claimants-respondents have been awarded compensation to the tune of Rs. 1,18,839/-.
(2.) Brief facts noticed are that on 26/08/2007, the claimant-respondent was going on a motorcycle beareing No. RJ-26-SB-6447 with Omprakash as pillion rider from Niwai to Tonk and at that time, near village Sohela on National Highway No.12, a Maruti Car bearing No. RJ-26-CA 0154, coming from the opposite direction from Tonk in a high speed, rash and negligent manner, hit the motorcycle consequent thereto, the respondent-claimant seriously injured and an FIR bearing No.249/2007 to this effect was lodged at Police Station Baroni, Distt. Tonk wherein after investigation the Police submitted charge-sheet. The claim petition was filed by the claimant-respondent before the Tribunal and the Tribunal, after analysing the material and evidence on record, in so far as the present appeal is concerned, allowed claim to the extent of Rs. 1,18,839/- which is assailed herein.
(3.) Counsel for the appellant contended that the injury is not severe and grievous so as to allow claim to the extent of Rs. 1,18,839/- and even the Tribunal has noticed that the claimant-respondent had received some injuries only but the claim allowed is highly excessive and unreasonable. She further contended that the medical certificate is not reliable, particularly, in view of the fact that Doctor did not come in the witness box to justify the disability suffered/caused to the claimant-respondent. She thus contended that apart from the legal issues, the claim is highly excessive and, therefore, the compensation awarded deserves to be reduced suitably.;