[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL NO. 889/1997 WILFARAD MEHBOOB Vs. SAHIB SINGH & ANR. Date: 01/04/2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Rakesh Bhargava for the claimant/appellant. Mr. Rajpal Choudhary and Mrs. Rani Bhandari for the respondents. **** The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the claimants/appellants for enhancement of the Award dated 11.03.1997 passed by the Motor Accident Claims Tribunal, Kotputali, District Jaipur (for short 'the Tribunal') in MACT Case No. 96/1994, whereby a sum of Rs. 32,500/- has been awarded as compensation in favour of the claimants/appellants. Brief facts of the present appeal are that on 15.10.1993 Madan Lal, Wilfarad, Ram Kumar and Boby were coming from Delhi in car bearing No. DAC-7945. At about 9.00 p.m., a truck bearing No. HR-29-1094 driven rashly and negligently by its driver, came from the opposite side and after coming on wrong side dashed with the said car, as a result of this accident Madan Lal died and all the occupants of the car received injuries. A case under Section 279, 338 and 304-A IPC was [2] registered against the truck driver and after investigation, charge-sheet was filed against the truck driver. The impugned Award dated 11.03.1997 has been challenged by the claimant/appellant for enhancement of compensation on the ground that looking to the injuries the amount awarded by the Tribunal is meagre as the appellant was admitted in Holmet Hospital, New Delhi and about Rs. 41,000/- were spent towards hospital expenses and the same were disallowed by the Tribunal on the ground that these bills are in the name of Hotel Maurya Sheraton. It is submitted that the Tribunal has overlooked the fact that there was name of the appellant on the bill but it was c/o Maurya Sheraton. It is also submitted by the learned counsel for the appellant that the Tribunal has not considered the fact that the appellant suffered serious injuries viz. fracture of left hand which was operated and screw and plate were inserted, fracture of mandible and screw and plate were fixed. It is further contended that the Tribunal has not properly considered the evidence of Dr. Makhani that the hand of the appellant shall be operated once again because of formation of gap and expenses for the operation shall be incurred. Therefore, looking to the injuries and other aspects, the compensation awarded by the [3] Tribunal is on lower side and the same required to be enhanced. I have heard rival submissions of the respective parties and carefully gone through the relevant record as also the impugned Award dated 11.03.1997 passed by the Tribunal. The Tribunal while passing the impugned Award, has considered each and every aspect including the injuries sustained by the appellant, expenses incurred on the treatment as well the loss of income and physical pain. As the bills which were submitted by the appellant were in the name of Hotel Maurya Sheraton, the same were paid by the Hotel and, therefore, the Tribunal has not committed any illegality in ignoring the bills which were in the name of Hotel Maurya Sheraton and considering all these aspects and looking to the facts and circumstances of the case, rightly awarded total compensation to the tune of Rs. 32,500/- in favour of the claimant/appellant which cannot said to be unjust and unreasonable. No case of interference is made out as the appellant utterly failed to make out any case of enhancement of compensation and the impugned Award dated 11.03.1997 passed by the Motor Accident Claims Tribunal, Kotputali, District Jaipur requires no interference by this Court as no illegality or error is observed by this Court in the same. [4] Consequently, the misc. appeal fails being devoid of merit and the same is dismissed. Record be sent back forthwith. (K.S. RATHORE)J. /KKC/