[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL NO. 1803/2003 GOPI LAL Vs. RAMESHWAR & ORS. Date: 07.03.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Sandeep Mathur for the appellants. Mr. Satyendra Sharma for the respondents. **** The present appeal under Section 173 of the Motor Vehicle Act, 1988 is directed against the impugned Award dated 26.04.2003 passed by the Motor Accident Claims Tribunal, Tonk in M.A.C. No. 1464/2001, whereby compensation to the tune of Rs. 2,24,000/- has been awarded in favour of the claimant-appellant. The main challenge to the impugned Award is on the ground that the claimant-appellant as a result of the accident has got the permanent disability of 53.56%. He is suffering a great economic loss, mental agony and physical pain and will suffer the same throughout his life, but the compensation of Rs. 2,24,000/- awarded by the Tribunal vide its impugned Award dated 26.04.2003, looking to the permanent disability of 53.56% and the income part of the appellant, is not proper and these aspects have not been properly considered by the Tribunal as at the time of accident the [2] appellant was earning Rs. 4,000/- per month and on account of prolonged treatment, a sum of Rs. 2,00,000/- was spent by the appellant towards medicines, hospitalization, nourishing diet, doctors fees and transportation attendants etc. and the same has not been properly consider by the Tribunal while passing the impugned Award. I have heard learned counsel for the appellant, carefully gone through the impugned Award dated 26.04.2003 passed by the Motor Accident Claims Tribunal, Tonk and perused the record of the case. As per the Award, the Tribunal has considered the permanent disability of the appellant, but so far as expenses incurred by the appellant, the appellant has not produced any medical bill to prove the fact that he has spent Rs. 2,00,000/- on treatment etc. and the Tribunal having considered the bills submitted by the appellant, awarded a sum of Rs. 3,000/- towards medicines and treatment in favour of the appellant and also awarded Rs. 40,000/- towards special attendants, transportation, diet and other expenses. As the appellant himself is not able to submit the medical bills regarding his treatment, it cannot be said that the Tribunal has wrongly awarded only Rs. 3,000/- towards medicines and treatment. The Tribunal having considered all the aspects an looking to the facts and circumstance of the case [3] and the permanent disability of the appellant, has awarded total Rs. 2,24,000/- as compensation, which cannot said to be unjust and contrary to the record of the case. Therefore, the impugned Award dated 26.04.2003 passed by the Motor Accident Claims Tribunal, Tonk requires no interference by this Court. No case of enhancement of compensation is made out. Consequently, the present civil misc. appeal seeking enhancement of compensation fails being devoid of merit and the same is hereby dismissed. Record be sent back. (K.S. RATHORE)J. /KKC/