[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T S.B. CIVIL MISC. APPEAL NO. 552/2003 JODHRAJ Vs. HEMRAJ & ORS. Date: 24.03.2008. HON'BLE MR. JUSTICE K.S. RATHORE None present for the claimant/appellant. Ms. Rajni Vyas for the respondents. **** The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the claimant/appellant for enhancement of the award dated 22.01.2003 passed by the Motor Accident Claims Tribunal, Baran (for short 'the Tribunal') in MAC No. 47/01, whereby a sum of Rs. 40,000/- has been awarded as compensation in favour of the claimant/appellant. Brief facts of the present appeal are that a claim petition was filed by the claimant/appellant before the Motor Accident Claims Tribunal, Baran regarding an accident which took place on 28.01.2001 when the appellant was going to his village on the motor-cycle. On Kota- Baran road a jeep driven by the respondent No.1 rashly and negligently, hit the appellant due to which the appellant received 15% permanent disability. [2] The impugned Award passed by the Tribunal dated 22.01.2003 has been challenged by the appellant on the ground that at the time of accident the appellant was 24 years of age and on account of the severe injuries on his leg and head, he suffered permanent disability of 15%, but looking to these injuries and other facts and circumstances of the case, the Tribunal has not awarded adequate compensation in favour of the appellant. It is also submitted that the Tribunal has further seriously erred in assessing 60% responsibility on the appellant and only 40% on the respondent No.1. The impugned Award is also challenged on the ground that the Tribunal has awarded interest @ only 9% p.a. and the same required to be enhanced to 12% p.a. Per contra, learned counsel appearing for the respondent Insurance Company has submitted that the just and reasonable compensation has been awarded in favour of the appellant and the same requires no interference. It is further submitted that the Site Plan shows that the appellant was on fault and the liability to the extent of 60% on the appellant has rightly been fixed by the Tribunal. I have gone through the averments made in the appeal, heard learned counsel appearing for [3] the respondent Insurance Company and also gone through the impugned Award dated 22.01.2003 passed by the Tribunal. It is not disputed that the appellant received 15% permanent disability and looking to the permanent disability, age and the expenses incurred on the treatment by the appellant, the Tribunal has awarded a compensation to the tune of Rs. 40,000/- which cannot said to be unreasonable and unjust and the same requires no interference by this Court. Consequently, the civil misc. appeal fails and the same is hereby dismissed. (K.S. RATHORE)J. /KKC/