1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR, BENCH AT JAIPUR JUDGMENT SB Civil Misc. Appeal No.4733/2008 Bhanwar Khan (since deceased) through his L.Rs. V/s Shri Babu Khan @ Nazir & Ors. Date of Judgment ::: 27th November, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Shri J.P. Gupta, for the appellants. By the Court: Heard learned counsel for the appellants. The legal representatives of injured- Bhanwar Khan who died during the pendency of claim application, have preferred this appeal for enhancement of the amount of compensation in respect of injuries sustained by injured in motor accident took place on 4.3.2001 and being aggrieved with the impugned award dated 31.5.2006 passed by the learned Motor Accident Claims Tribunal, Ajmer, whereby the learned Tribunal has awarded a total compensation of Rs.43,030/- in their favour with interest @ 6% p.a. from the date of claim application i.e. 30.11.2002 till the date of payment. The only submission of the learned counsel for the appellants is that even as per finding of the learned Tribunal, two surgeries 2 took place in the case but under this head, the learned Tribunal has awarded only Rs.10,000/- which is a meager amount and the same may be enhanced. However, he does not dispute that after the death of injured, his legal representatives are entitled to get only the amount in respect of loss of estate and no other amount towards compensation under any head. I have considered the submissions of the learned counsel for the appellants and examined the impugned award, particularly; the finding of the learned Tribunal in respect of issues No.3 and 5. The claimants produced the medical bills, Ex. 12 to 36 for Rs.4,530/- and the same has been allowed in toto by the Tribunal. The injured remained admitted for 60 days in hospital and the Tribunal has awarded under this head, a sum of Rs.28,500/-. The Tribunal has further awarded Rs.10,000/- for two operations. Thus, the Tribunal awarded a total compensation of Rs.43,030/- in favour of the legal representatives of the injured person. The learned counsel for the appellants does not dispute that the operations took place in Government hospital and no extra amount has been spent by him in the hospital. He, further submitted that whatever the bills have been produced in the case, the said amount has been awarded by the Tribunal. In these circumstances, I find that the amount of compensation awarded 3 in the present case, is just, fair and reasonable and the appellants are not entitled to receive any further amount towards compensation in the facts and circumstances of the present case. In view of the above discussions, I do not find any merit in this appeal and the same is accordingly dismissed in limine. (N.K. Jain),J. Chauhan/