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Judgment
Mahesh Bhagwati
By way of the instant appeal, the appellant has implored to enhance the quantum of compensation.
Heard the Learned Counsel for the appellant and carefully perused impugned award dated 18th January, 2011 rendered by Motor Accident Claims Tribunal, Bundi.
Learned counsel for the appellant canvassed that the appellant sustained 18% permanent disability in an accident which took place on 1.7.2009. On account of this accident, he suffered loss of future income also, but the learned Tribunal decreed only an amount of Rs. 90,000/- as compensation, which is abysmally low. Hence, the quantum of compensation needs to be be enhanced and impugned award deserves to be modified.
Having heard the Learned Counsel for the appellant and carefully scanned the impugned award, it is found that the Tribunal already was very liberal in awarding the amount of compensation to the appellant. Albeit, the appellant is found to have sustained 18% permanent disability, but it is not proved that on account of this 18% permanent disability, his future earning also decreased proportionately to 18%. The Hon''ble Apex Court, in the case of Raj Kumar Vs. Ajay Kumar & Ors., reported in 2011(1) TAC 785 (SC), has categorically held that all the injuries do not result into the loss of future earnings. The appellant has utterly failed to bring any evidence on record, which could lead the court to infer that on account of 18% permanent disability, his future income also proportionately decreased to the same degree. The Tribunal is found to have already taken very lenient view and despite there being no evidence with regard to loss of future earnings, awarded Rs. 90,000/- to be the quantum of compensation.
In view of above, I do not feel inclined to interfere with the award, but so far as the question of enhancement is concerned, the appeal is found to be frivolous and vexatious, which deserves to be outrightly dismissed.
For the reasons stated above, the appeal fails and the same being bereft of any merit deserves to be dismissed, which stands dismissed accordingly.