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Judgment
Mahesh Bhagwati
The claimant appellant has filed this appeal for the enhancement of quantum of compensation. Heard learned counsel for the appellant and perused the impugned award dated 12th December 2011, whereby the Motor Accident Claims Tribunal, Jaipur, decreed an amount of Rs. 63,200/- in favour of the claimant- appellant and against the non claimants- respondents.
Having considered the submissions made by the learned counsel for the appellant and carefully perused the impugned award, it is noticed that albeit the appellant was found to have suffered 10% permanent disability, but the learned Tribunal found that this disability certificate was issued by Dhanvantri Hospital, which was not authorized to issue the same. Since 10% loss of future earning capacity of the appellant in proportion to the percentage of permanent disability was not proved by any evidence, due to the accident in the instant case, the learned Tribunal having placed reliance on the judgment rendered by Hon''ble Apex Court in the case of Raj Kumar Versus Ajay Kumar and others reported in 2011 (1) TAC 785 (SC) is found to have rightly computed Rs. 63,200/- to be the quantum of compensation.
The impugned award is well merited, based on cogent finding, with which I fully concur and I do not find any ground to interfere with the same. For these reasons, the appeal fails and the same being bereft of any merit deserves to be dismissed, which stands dismissed accordingly at the threshold.