1 IN THE HGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CIVIL MISC. APPEAL NO.1117/2010 (Bhika Ram Vs. Narayan Lal & Ors.) Date of Order : 10.11.2010 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Anish Ahmed, for the appellant. In this misc. appeal filed under Section 173 of the Motor Vehicles Act, 1988, the appellant is challenging the judgment and award dated 05.03.2010 passed in M.A.C. Case No.83/2008 by Motor Accident Claims Tribunal, Sojat, District Pali and prayed that compensation awarded by learned Tribunal may be modified and amount of compensation may be enhanced. Learned counsel for the appellant vehemently argued that the learned Tribunal has committed an error while awarding lump sum compensation to the tune of Rs.50,000/- to the claimant appellant while ignoring the settled position of law. Further, it is submitted that upon perusal of the award, it will reveal that the learned Tribunal has totally failed to consider the case of the appellant and passed the impugned award without 2 considering the pleadings and evidence. It is also submitted that learned Tribunal has not awarded any compensation towards the future medical treatment whereas the appellant has specifically pleaded in the claim petition that in the near future, there is likelihood of spending Rs.1 Lac for future treatment. According to learned counsel for the appellant, the award is totally unreasoned because the important grounds raised by the appellant have not been considered properly by the Tribunal and important fact that the claimant appellant suffered 50% permanent disability and due to that not only present life but in future life, the appellant is required to spend money, therefore, the finding of learned Tribunal upon which only Rs.50,000/- has been awarded for one simple and one grevious hurt is not only erroneous but on the lower side, therefore, the amount of award may be enhanced. With regard to question of interest, it is submitted that learned Tribunal has committed an error in granting interest @ 6% per annum, which is in lower side. Therefore, the award impugned may be modified and compensation may be enhanced. I have perused the award passed by learned Tribunal. According to the claim of the appellant, in an accident occurred on 27.7.2008 at about 2.00 p.m. in between the way of Ranawas to Thakurwas when appellant was going upon motor cycle 3 bearing No.RJ-22-7M-0211, the motor cycle was hit by one jeep bearing No.RJ-01-C-0921, which was driven by respondent No.1 and it resulted into the injuries upon the body of appellant and one Bhura Ram. In the said accident, which occurred due to negligent driving of jeep, a FIR was registered under Section s 279, 337 and 338 I.P.C. in which challan was also filed and appellant filed claim petition before the Tribunal. The Tribunal after framing four issues decided two claims by consolidated judgment dated 5.3.2010. In para-23 of the award, the claim filed by the appellant which was registered as MAC No.83/2008 was decided. I have perused the adjudication made by learned Tribunal. Upon perusal of the finding given by learned Tribunal, it is revealed that after taking into consideration all the documentary and oral evidence, the Tribunal granted Rs.20,000/- as medical expenses though bills of Rs.19062/- were filed. Likewise, under the head of permanent disability, the appellant was granted Rs.15,000/- because two injuries were found upon the body of appellant, out of two, one was near the knee of right leg and second injury was of pain in the chest. In my opinion, learned Tribunal has rightly allowed Rs.15,000/- under the head of permanent disability and Rs.5,000/- has been awarded for physical agony and to bear the other expenses Rs.5,000/- for 4 earning for the period commencing from 27.7.2008 to 06.08.2008. The learned Tribunal has rightly arrived at with the finding because admittedly only two injuries were found upon the body of appellant claimant for which the Tribunal has granted award of Rs.50,000/- which is not improper, more so, it is passed upon sound reasons. Therefore, no interference is required to modify the judgment and award dated 05.03.2010 passed in MAC Case No.83/2008. With regard to claim of interest @ 6%, I am of the opinion that Tribunal has rightly exercised its discretion in granting interest @ 6% per annum because admittedly only two injuries were received by the appellant claimant out of which one was near the knee of right leg and second was pain in the chest. In this view of the matter, there is no force in this misc. appeal filed by the appellant claimant for enhancement of the award. Hence, this misc. appeal is hereby dismissed. (GOPAL KRISHAN VYAS), J arun