1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Misc. Appeal No. 4719/2008 {Prem Singh Versus Heera Nand & Others} Date of Order :: 27th November, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. B.L. Dhakad for the appellant BY THE COURT: Heard learned counsel for the appellant. 2. The impugned award dated 11th July, 2005 passed by the Motor Accident Claims Tribunal and Additional District Judge (Fast Track No.1), Beawar, District, Ajmer in claim application No. 126/2004 is under challenge in this appeal preferred on behalf of the appellant for enhancement of the amount of compensation in respect of injuries sustained by him in motor accident took place on 8th May, 1995. 3. The learned counsel for the appellant contended that learned Tribunal has not passed the adequate amount of compensation in respect of injuries sustained by him. He specifically contended that no amount of compensation for 2 physical pain and mental agony has been awarded in the present case, therefore, the impugned award is liable to be modified and amount of compensation is liable to be enhanced. 4. I have considered the submissions of learned counsel for the appellant and examined the impugned award passed by the learned Tribunal. 5. The learned counsel for the appellant has not disputed that the appellant sustained two injuries as per injury report (Ex.-6), out of which injury no. 1 was simple in nature and as per X-ray report (Ex.-10), the injury no. 2 was grievous. He further does not dispute that there was no permanent disability suffered by the appellant and no permanent disablement certificate was produced on record. The medical bills, the admission ticket and the treatment slips etc. have also not been placed on record. The Tribunal while considering the case of the appellant for the purpose of award of compensation has awarded a sum of Rs. 1,000/- for simply injury and Rs. 5,000/- for grievous injury and in absence of any documentary evidence, has awarded a sum of Rs. 1,000/- for medicines, Rs. 3,000/- for physical pain and mental agony and nutritious food, assistant 3 etc. and further a sum of Rs. 2500/- for loss of income. 6. The contention of learned counsel for the appellant does not appear to be correct that no amount has been awarded under the head of physical pain and mental agony. The Tribunal has already awarded Rs. 3,000/- for physical pain and mental agony an also for nutritious food and assistant and transportation charges. Looking to the number and nature of injury and the evidence available on record, I am of the view that the finding of the learned Tribunal appears to be perfectly justified in th eye of law and no interference in it is called for. 7. In view of above discussion, I do not find any merit in this appeal and the same is, accordingly, dismissed in limine. (NARENDRA KUMAR JAIN),J. DK