1 S.B.CIVIL MISC. APPEAL NO.1417/2000. Suresh Kumar Kumawat. VS Sh.Mahendra Kumar & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.1417/2000. Suresh Kumar Kumawat. VERSUS Shri Mahendra Kumar and Others. 11.11.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.K.N.Tiwari, for the appellant. Mr.G.S.Rathore, for the respondent No.3. ***** Heard learned counsel for the parties. This appeal has been preferred by the appellant Suresh Kumar who was injured in a motor accident involving a bus bearing registration No.RJV-4872 being driven by Mahendra Kumar and owned by Parmeshwar and which was insured with the United India Insurance Company Limited, the respondent No.3. For the injuries suffered, the learned Tribunal under various heads has in all awarded an amount of Rs.1,60,000/- with interest @ 12% p.a. from the date of filing of the claim petition i.e. 27.07.1994. Learned counsel for the appellant has submitted that the learned Tribunal has not awarded any sum for the loss of income as a result of the injury and the fact that the appellant was unable to carry on his business for the aforesaid period when he was under treatment as a consequence of the injuries suffered by him. 2 S.B.CIVIL MISC. APPEAL NO.1417/2000. Suresh Kumar Kumawat. VS Sh.Mahendra Kumar & Ors. I have gone through the award passed by the learned Tribunal and more particularly the findings under the Issue No.9. No doubt there is evidence on record to suggest, which has been taken into account by the learned Tribunal, that as a result of the injury on the head of the injured appellant, there has been a disability of 18.8%. However, the Doctor, who has issued the certificate and who treated the appellant, AW-5 Dr.M.K.Mathur of the S.M.S.Medical College, Jaipur has clearly stated as follows:- “.....सर से जो हड्डी िनकाली गई है उसका आंखों के कायर् में कोई उसर नहीं पडेगा ।....." The appellant is a photographer and in the facts and circumstances looking to the totality of the compensation awarded of Rs.1,60,000/- with interest @ 12% p.a. for a period of nearly five years from 1994 to 1999, I am satisfied that the award does not call for any interference and the amount of compensation which has been awarded is just and proper. The appeal accordingly fails and stands dismissed. There shall be no order as to costs. (DALIP SINGH),J. Solanki DS, Jr.P.A.