1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. ORDER Moti Lal Vs. Kalyan Singh & ors. SB CIVIL MISC. APPEAL NO. 910/1998. Under Section 173 of the Motor Vehicles Act, 1988. DATE OF ORDER: 7th November, 2008. PRESENT HON'BLE MR. JUSTICE S.P. PATHAK Mr. Ram Singh Rathore for the appellant. Mr. Ram Singh Bhati for the respondents. BY THE COURT: This civil misc. appeal under section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation has been filed against the judgment and award dated 28.4.1998 passed by the learned Motor Accident Claims Tribunal, Jaipur City, Jaipur (in short to be referred as, 'the Tribunal') in Claim Petition No.52/95 whereby the appellant has been awarded a compensation of Rs.85,000/- along with interest @ 12% per annum from the date of filing of the claim petition. It is contended that in relation to the injuries sustained by the appellant, the compensation which has been awarded is at the lower side and it needs to be enhanced. On the other hand, it is contended that the learned tribunal has properly appreciated the matter and a reasonable compensation has been awarded. 2 I have considered the submissions made before me and perused the material available on record. In the instant case, the facts are not required to be discussed in detail for the simple reason that the factum of accident has not been disputed. The only point which has been stressed before me is the quantum of compensation. The learned tribunal in this regard framed issue no.4 and found that on account of the motor accident the appellant sustained fracture of ribs and also sustained injuries on his head and was also admitted in the SMS Hospital, therefore, considering the evidence of Dr. M.K. Mathur and the disability certificate Ex.-10 wherein it is stated that the leg of the appellant was shortened by 1/4” and further that there will always remain partial restriction in movement of ankle and knee joints, awarded a compensation of Rs.50,000/-. On other heads also compensation has been awarded and a total compensation of Rs.85,000/- has been awarded. The submission of the learned counsel that the learned tribunal has not properly considered the matter and the compensation awarded is at the lower side is not liable to be accepted as the learned tribunal in relation to shortening of leg by 1/4” has awarded a sum of Rs.50,000/- and under other heads also adequate compensation has been awarded. In my opinion, in the facts and circumstances of the case, it cannot be said that the learned tribunal has not properly appreciated the evidence and the compensation awarded is at the lower side. The appeal is devoid of merit and is liable to 3 be dismissed. In the result, this misc. appeal is dismissed. (S.P. PATHAK),J. bblm