CMA-321/97-Sunil Kumar Vs.United India Insurance Company Ltd. & Ors. Judgment dt.24.11.09 1/3 `S.B. CIVIL MISC. APPEAL NO.321/1997 Sunil Kumar Vs. United India Insurance Company Ltd. & Ors. Date of order : 24th November, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI None present for the appellant-claimant. Mr. R.K. Charan for respondent – owner of the vehicle. Mr. Anil Bachhawat for the respondent No.1, Insurance Company. ------- 1. This appeal of injured claimant is directed against the award dated 18.4.1996 of the MACT, Sojat deciding claim case No.252/1992 in the accident which took place on 25.9.1991 at 6 PM when the claimant was travelling in a Jeep No. RNM 6786 from Jaitaran to Nimaj on account of the said jeep turned turtle by hitting a road side stone, the said claimant suffered injuries and consequently filed said claim petition. 2. While deciding other issues in favour of the claimant, deciding issue No.5, the learned Tribunal held that for the injuries on chest, hips and knees suffered by the claimant-appellant, who was aged 13 years at that point of time, the compensation of Rs.40,000/- CMA-321/97-Sunil Kumar Vs.United India Insurance Company Ltd. & Ors. Judgment dt.24.11.09 2/3 was considered adequate as against the claim of Rs.4,67,000/- filed by the claimant. 3. None is present on behalf of the claimant-appellant. 4. The learned counsel for the insurance company, which has been exonerated while deciding the issue No.2 in favour of the insurer, has assisted the Court in going through the findings and record of the case. 5. Having heard learned counsel and upon perusal of record, this Court is of the opinion that the present appeal of the claimant has no force and deserves to be dismissed. 6. The learned Tribunal after considering the entire relevant evidence and looking to the nature of the injuries has awarded compensation under all possible headings like medical expenses, travelling etc. despite the fact that the claimant failed to adduce the sufficient evidence in support of medical expenditure incurred by him. No medical evidence of permanent disability has been filed by CMA-321/97-Sunil Kumar Vs.United India Insurance Company Ltd. & Ors. Judgment dt.24.11.09 3/3 the claimant and, therefore, the compensation of Rs.40,000/- for such injuries is considered adequate by this court. 7. Consequently this Court finds no force in the appeal of the claimant for enhancement of compensation. The same is hereby dismissed. No order as to costs. Copy of this judgment be sent to the claimant. [ DR. VINEET KOTHARI ], J. item No.29 babulal/