ABDUL SATTAR Vs. BHADUR SINGH
LAWS(RAJ)-2019-9-273
HIGH COURT OF RAJASTHAN
Decided on September 18,2019

ABDUL SATTAR Appellant
VERSUS
BHADUR SINGH Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI,J. - (1.) The appellant has preferred this misc. appeal claiming the following relief:- "It is, therefore, prayed that the appeal filed by the claimant appellant may kindly be allowed with cost and the full claim filed by the claimant appellant be allowed and the award of Rs.35,000/- be increased to the sum of Rs.5,25,000/- and the interest of the claim amount may be ordered to be given to the claimant at the rate of 15% from the date of accident till realisation."
(2.) The unfortunate accident happened on 2.4.1996 at about 6:00 P.M. when the appellant was going in Jeep no.RNJ 8055 along with Abdul Kasim. The said jeep was hit by a truck No.GQY 4283 on Tinwari Balesar road, which was being rashly and negligently driven. The Tribunal vide judgment dated 4.4.2001 awarded compensation to the tune of Rs.35,000/- to the appellant.
(3.) At the outset, learned counsel for the appellant submits for enhancement of the award in accordance with the revised guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 5.11.2018. Learned counsel for the appellant has drawn attention of this Court to para 21 of the impugned award which is reproduced as under :- Learned counsel for the appellant thus submits that apart from the compensation of Rs.10,000/- for treatment, Rs.15,000/- for discomfort, Rs.5,000/- for loss of income and Rs.5,000/- for other expenses, the petitioner is entitled to compensation of fracture in one hand and fracture in knee which both fall under the grievous injuries category in case where disability certificate is not produced. Learned counsel submits that the disability certificate is now available but it was not produced before the trial Court. ;


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