ASOPA, J. - (1.) THE injured claimants have filed these three appeals for enhancement of the claim awarded by the Motor Accident Claims Tribunal Tonk.
(2.) SINCE all these three appeals are arising out of the same accident and common awards have been passed in six claim petitions out of which three have filed the appeals, the same are being decided by this common order. The facts, in brief, of the case are that on 28. 5. 1995 all the injured claimants were travelling in a bus of the roadways. At about 9. 15 pm, a truck No. RJ 26-G-0285 which was being driven rashly and negligently, collided with the roadways bus, as a result of which all the aforesaid claimants sustained injuries. Further facts of the individual cases are as follows: SBCMA No. 704/2003 Pappu Dhobi vs. Irshad & Ors. At the time of accident, the claimant-appellant was 14 years of age and was a student of class IX. As a result of serious injury in the right his leg was amputated below the knee. He remained admitted in the hospital on 3-4 occasions and his leg was operated. Thereafter also, his treatment was continued and he has claimed medical expenses. On account of the aforesaid injury and amputation of the leg, the claimant has suffered 50% permanent disability. He has further claimed higher compensation under the heads of medical expenses and his marriage prospect has totally came to an end etc. An award of Rs. 2,41,000/- was passed in favour of the appellant by the claims tribunal. SBCMA No. 706/2003 Kum. Shabana vs. Irshad & Ors. The injured claimant-appellant, Kumari Shabana filed the claim petition for Rs. 8,66,000/- on account of injury received by her in patella bone and permanent deformity of 3%. She has also claimed the expenses as well as compensation on the ground that she could marry and is not able to do her job after the accident, on account of physical and mental agony and continuous discharge of water from nose. An award of Rs. 30,000/- was passed in favour of the appellant by the claims tribunal. SBCMA No. 710/2003 Mohammad Miyan vs. Irshad & Ors.
(3.) CLAIMANT-appellant Mohammad Miyan has claimed compensation on account of fracture in the color bone and has also suffered 7% permanent disability. He further submitted that he was labourer and earning Rs. 2500/- per month. In all, he was awarded Rs. 30,000/- by the claims tribunal as compensation. Submission of the counsel for the appellant in all the three appeals is that the compensation awarded is on lower side. The claims tribunal has not properly awarded the claim on various heads and the claimants are entitled for enhancement of the compensation. As regards claim petition of Pappu, counsel has led much stress on the award of Rs. 10,000/- under sub-head for change of circumstances on account of amputation and no chance of marriage. In support of the aforesaid submission, the counsel for the appellants has placed reliance on Kum. Ekta Khaitan vs. Sita Ram & Ors. reported in 1999 (2) TAC 284 (Raj.) Submission of the counsel for the respondent is that the claims tribunal has rightly awarded the amount and the appellants are not entitled for enhancement of compensation, therefore, the judgment of the claims tribunal be upheld. ;