1 1610/00cma IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. S.B.CIVIL MISC. APPEAL No.1610/2000 Anwar vs. Bhawani Singh & Ors. Date of Order : 25.08.2009 HON'BLE MR. JUSTICE G.S. SARRAF Mr.Intzar Ali on behalf of Mr.Mahendra Goyal, for claimant appellant. Mr.Tripurari Sharma, for the respondent no.3. *** The claimant appellant has filed this appeal against the award dated 29.6.2000 passed by Motor Accident Claims Tribunal, Jaipur City, Jaipur in motor accident claim case no.300/99. It is not necessary to narrate the facts of the case as the short controversy is that whether the compensation awarded by the Tribunal in this case is fair and reasonable? Learned Tribunal has passed an award of Rs.1,30,000/- with interest @ 12% per annum from the date of filing of the claim petition in favour of the claimant appellant for the two injuries suffered by him in an accident on 17.12.1998 out of which one on right thigh was found to be grievous as there were fractures of femur and patella bones on account of which he suffered 53.40 % permanent disability in right lower limb. Heard learned counsels for the parties. Learned counsel for the claimant appellant has submitted that looking to the permanent disability suffered by the claimant appellant, the amount of compensation is grossly inadequate which should be enhanced suitably. Certificate of permanent disability is Ex.11 which has been issued by a Medical Board comprising three doctors. No doctor has been examined. It has been stated in the certificate Ex.11 that the injured will 2 1610/00cma have difficulty in squatting, sitting cross legged and climbing stairs. There is neither any shortening of leg nor it is clear as to what extent the disability will materially affect the earning capacity of the claimant appellant. Learned Tribunal has awarded Rs.1,00,000/- for the disability, Rs.18,000/- for the loss of income for six months, Rs.12,000/- on other counts and has thus passed a total award of Rs.1,30,000/-. Considering the disability,, the evidence available on the record and all the facts and circumstances of the case I am of the opinion that the amount of compensation awarded by learned Tribunal is fair and reasonable and there is no ground for enhancement. Consequently, the appeal stands dismissed. (G.S. SARRAF), J.