1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. J U D G M E N T S.B.Civil Misc. Appeal No.1310/2000. Kumbha Ram Vs. Kamal Singh & Others. S.B. Civil Misc. Appeal under Section 173 of the M.A.C.T. Act, 1988 against the award dated 11.05.2000 passed by the Judge, M.A.C.T. Jaipur District Jaipur in MAC No.346/93 by which a sum of Rs.2500/- has been awarded to the claimant appellant. Date of Judgment ::: March 5th 2009. HON'BLE MR.JUSTICE K.S.CHAUDHARI. Mr.Vinay Mathur for the appellant. Mr.Vinod Tyagi for the respondent no.3- Company By the Court : This appeal has been filed by the appellant against the award dated 11.05.2000 passed by the Judge, Motor Accident Claims Tribunal, Jaipur District, Jaipur in claim No.346/93 (Kumbha Ram Vs. 2 Kasmal Singh & Another) by which the appellant was awarded the claim in the sum of Rs.2500/-. Brief facts of the case are that on 19.02.1993 at 4.00PM, the respondent No.1 Kamal Singh while driving Truck No.DIG 4065 which was owned by respondent No.2 and insured by respondent No.3 with rashness and negligence collided with another Truck No.RJ-14-C-1172 driven by appellant and caused injury to appellant. The respondent Nos.1 and 2 did not file reply and the respondent No.3 filed reply and alleged that the respondent No.3 is not liable for any compensation on account of non-impleading the owner and insurance company of the appellant and contributory negligence of the appellant. After recording the evidence, the learned tribunal awarded claim of Rs.2500/-. The service of notice upon the respondent Nos.1 and 2 was dispensed with 3 vide order dated 15.03.2004. Heard learned counsel for the appellant as well as respondent No.3. The learned counsel for the appellant submitted that the appellant sustained five-injuries, even then compensation of Rs.2500/- has been awarded which is on lower side, hence, the amount of compensation may be enhanced. On the other hand, the learned counsel for the respondent No.3 submitted that the award passed by the learned Tribunal is in accordance with the law, hence, the appeal is liable to be dismissed. The appellant has stated in his statement that he was going slowly in his truck and the respondent No.1 while driving Truck No.DIG 4065 with rashness and negligence collided with the appellant's truck in which the appellant suffered injuries. He also proved injury report Exhibit-7 and x-ray report Exhibit-6 and 4 other documents. A perusal of injury report Exhibit- 7, reveals that the appellant sustained five simple injuries, as there was no fracture as per x-ray report, Exhibit-6. Looking to the number of the injuries, the appellant is entitled to get compensation of Rs.5000/-, whereas the learned Tribunal has awarded compensation only Rs.2500/-. Consequently, in the light of the above discussion, this appeal stands allowed and the award dated 11.05.2000 passed by the Judge, Motor Accident Claims Tribunal, Jaipur District Jaipur is modified to the extent that the amount of compensation is enhanced from Rs.2500/- to Rs.5000/-. K.S.CHAUDHARI, J. K.