1 S.B. Civil Misc. Appeal No.1702/2008 Biram Singh. vs. Habib Khan & Ors. S.B. Civil Misc. Appeal No.1702/2008 Biram Singh. vs. Habib Khan and others. Date : 9.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Rajesh Panwar, for the appellant. Mr.DR Lunkar, for the respondents. - - - - - Heard learned counsel for the parties. The appellant suffered injury of one fracture in his hand in the accident which occurred on 20.8.2003 and caused by truck no. GJ 9V 7657 and the respondent no.1 was the driver of the vehicle at that time. The appellant's claim petition was allowed by the Motor Accident Claims Tribunal, Balotra vide award dated 3.2.2006. The Tribunal observed that the appellant/ claimant remained hospitalised from 22.8.2003 to 3.9.2003. The claimant produced medical bills Ex.28 to Ex.57 and one document Ex.47 which was said to be indoor patient card but that was found 2 S.B. Civil Misc. Appeal No.1702/2008 Biram Singh. vs. Habib Khan & Ors. to be interpolated. The appellant did not produce any certificate for permanent disablement. Looking to the facts of the case, the trial court awarded compensation of Rs.26,000/- against payment of medical bills by the appellant. The appellant claimed that he is earning Rs.15,000/- per month but he failed to produce any documentary evidence in support of his claim of his said income. He also could not produce any document in relation to his business or shop but the Tribunal assessed his monthly income of Rs.5,000/- even when there was no direct evidence for income. The claimant was of the age of 32 years at that time. The Tribunal found that because of the said injury, he may have some difficulty in future and, therefore, awarded compensation of Rs.3,000/-. In total the Tribunal awarded compensation of Rs.37,800/- and I do not find that the compensation awarded can be said to be low in any manner. In view of the above reasons, this appeal, having no merits, is hereby dismissed. (PRAKASH TATIA), J. 3 S.B. Civil Misc. Appeal No.1702/2008 Biram Singh. vs. Habib Khan & Ors. S.Phophaliya