// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Appeal No.4242/2008 Kailash Son of Mohari Lal Versus Dharam Singh Mahlawat Son of Boduram Jat and Others Date of Order ::: 23.10.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri K.R. Sharma, Counsel for appellant #### By the Court:- Heard learned counsel for the appellant. For enhancement of the amount of compensation, injured complainant Kailash has preferred this appeal under Section 173 of the Motor Vehicles Act against the Award dated 27th June, 2008 passed by the Motor Accident Claims Tribunal, Neem-ka-Thana, District Sikar, whereby the learned Tribunal awarded total compensation of Rs.9,000/- under the following heads:- 1. Medical treatment, transportation, nutritious diet Rs.3,000/- 2. Physical pain and mental agony and for the injuries sustained Rs.6,000/- The contention of the learned counsel for the appellant is that the appellant placed on the record a copy of permanent-disability- // 2 // certificate (Exhibit-11) and from perusal thereof it is clear that he sustained 8.30% permanent disability but the Tribunal did not award any amount of compensation under this head. I have considered the submissions of the learned counsel for the appellant in the light of reasons assigned by the Tribunal in this regard. The Tribunal has observed that as per the Injury-Report the appellant sustained two injuries – one on right wrist and another on right hand. As per the X-ray report (Exhibit-2) there was fracture but the X-ray plate was not placed on the record. The appellant did not place on the record any document to show that he was hospitalized for his treatment. The permanent-disability-certificate was got prepared after nine months from the date of incident as it is clear from it that the date of examination was 9th June, 2007 whereas the incident took place on 29th September, 2006. The Tribunal examined all the evidence in this regard and recorded a finding that the permanent-disability-certificate produced by the appellant does not appear to be trustworthy. The learned counsel for the appellant could not convince this Court as to // 3 // why this permanent-disability-certificate should be believed when the appellant was got medically examined himself after nine months from the date of incident and on that basis this certificate was issued and why X-ray plate of the alleged injury sustained by the appellant in the present accident, was not produced on the record. After considering all the facts and circumstances of the case, I am of the view that, in the facts and circumstances of the present case, the learned Tribunal rightly disbelieved the permanent-disability- certificate produced on the record by the appellant and he is not entitled to get any amount of compensation under this head. The amount of Rs.9,000/-, as per details mentioned above, was rightly allowed as compensation in the present case. I do not find any infirmity in the impugned award so as to interfere with the same. In view of the above, I do not find any merit in this appeal and the same is accordingly dismissed. (Narendra Kumar Jain) J. //Jaiman//