[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. 1017/2003 LOHAREY Vs. MANDAL PRABANDHAK, ORIENTAL INSURANCE COMPANY LTD. & ANR. Date: 11.03.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Dinesh Kumar Garg for the claimant-appellant. Mr. R.P. Vijay for the respondents. **** The present appeal under Section 173 of the Motor Vehicles Act has been preferred by the claimant-appellant for enhancement of the award dated 04.01.2003 passed by the Motor Accident Claims Tribunal, Dholpur in M.A.C. No. 122/2001, whereby a lump sum amount of Rs. 50,000/- has been awarded to the claimant-appellant. The case of the appellant is that on account of the accident, he received as many as 8 injuries including head injury and because of head injury the appellant lost his memory. It is also contended that Rs. 25,000/- have been spent by the appellant on his treatment but only Rs. 50,000/- have been awarded towards injury and other heads, which cannot said to be just and reasonable and required to be enhanced. Per contra, learned counsel appearing for the respondent Insurance Company submits that no [2] evidence to this effect has been adduced by the claimant-appellant and it is also not established that the appellant lost his memory due to injuries. He further submits that for the grievous injury up to Rs. 5,000/- required to be awarded and looking to the overall facts and circumstances of the case, the amount of Rs. 50,000/- as awarded to the claimant-appellant as compensation requires no interference by this Court as the compensation awarded by the Tribunal is just and reasonable. Having heard learned counsel for the appellant, learned counsel appearing for the Insurance Company and after carefully going through the impugned Award dated 04.01.2003 as well as the relevant record, it appears that the doctor was not produced as witness and the factum of loss of memory has also not been proved and to this effect nothing is on record. Of course, the appellant is able to produce the medical bills and under this head, the Tribunal has awarded Rs. 25,000/- in favour of the appellant, but no permanent disability has been assessed so far as the present appellant is concerned and lump sum compensation to the tune of Rs. 50,000/- has been awarded to the claimant-appellant and the same appears to be just and reasonable and requires no interference by this Court. No case of enhancement of compensation is made out. [3] Consequently, the present civil misc. appeal fails and the same is hereby dismissed. Record be sent back. (K.S. RATHORE)J. /KKC/