IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : Jabar Singh Vs. Kantilal & Others (S.B. Civil Misc. Appeal No.881/2010) DATE OF JUDGMENT : November 12, 2010 P R E S E N T HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Amit Mehta for the appellant. BY THE COURT : Instant appeal has been filed under Section 173, Motor Vehicles Act against judgment and award dated 20.02.2010 passed by Judge, Motor Accident Claims Tribunal, Bhinmal in Civil Misc. Case No.55/2007 with the prayer that compensation awarded by the Tribunal may be suitably enhanced. As per the claim petition filed by the appellant- claimant, the claimant met with an accident on 08.11.2006 at about 10 P.M. while he was going in Maruti Van No.MH-01/N/3034 from Bhugav to Raniwada, a Jeep bearing No.RJ-16-U-0104 dashed against his Maruti Van. In the occurrence, his vehicle was hit by the said jeep while coming from the opposite side which was being driven rashly and negligently by its driver respondent No.1. In the said accident, the claimant received serious injuries. For the said accident, an FIR was lodged and, after investigation, the police filed charge-sheet under Sections 279, 337, 338 and 304A, I.P.C. before the competent Court. The appellant-claimant filed claim of Rs.9,65,000/- because appellant-claimant received two fractures, out of which, one was grievous and, another was simple in nature. The insurance company contested the claim and for adjudication, five issues were framed by the Tribunal and, after taking into consideration the entire evidence on record, the Tribunal passed claim in favour of the claimant- appellant, whereby, for the grievous fracture Rs.5,000/- and for the simple injury Rs.1,000/- were awarded and towards the medical expenses, an amount of Rs.43,500/- along with Rs.1,000/- for the expenses of X-ray and Rs.2,500/- for travelling from Deesa were awarded by the Tribunal. Learned counsel for the appellant vehemently argued that the aforesaid amount comes to Rs.53,000/- only whereas two injuries were received by the appellant-claimant, therefore, compensation is required to be enhanced. I have perused the award and issue-wise adjudication made by the learned Tribunal. Admittedly, two injures were sustained in the accident by the claimant-appellant, out of which, one injury was fracture and another was simple in nature. The 2 learned Tribunal not only allowed Rs.53,000/- but also awarded interest at the rate of 7% from the date of filing the claim. In my opinion, the award passed by the learned Tribunal is just and proper because it is based upon due application of mind and after taking into consideration entire evidence on record. There is thus no force in this appeal. The miscellaneous appeal is accordingly dismissed. (Gopal Krishan Vyas) J. Ojha, a. 3