Rakesh Pareek vs Gani Khan and Others

J.R. Goyal, J.—Instant appeal is directed, for enhancement of the compensation, against the award dated 19.9.2002 passed by the Motor Accident Claims Tribunal, Jaipur in Claim Case No. 157/1995.

Brief facts of the case are that the injured claimant Rakesh Pareek filed the claim application for grant of compensation before the Tribunal, in respect of the injuries sustained by him in the accident, which took place on 12.7.1994 due to rash and negligent driving of the bus bearing registration No. RJ 26P 0054;

Heard learned Counsel for the parties and perused the impugned award.

Learned Counsel for the appellant contended that the appellant sustained grievous and simple injuries in the accident and suffered 10% permanent disability in his left lower limb. It is also contended that on account of the accident his left leg was shortened by 1/2 Inch, but the learned Tribunal awarded only Rs. 50,000/- as compensation which is very much on the lower side.

Learned Counsel for the Insurance Company supported the impugned award and contended that after considering the entire facts and circumstances, nature of the injuries sustained by the appellant and the evidence produced by the appellant claimant, learned Tribunal had awarded just and proper compensation.

I have considered the rival contentions.

The learned Tribunal awarded Rs. 50,000/- as compensation to the claimant appellant on the basis of the relevant evidence and in the facts and circumstances of the case, which does not warrant for any interference by this Court. Hence, the appeal is dismissed.