[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL NO. 93/1998 SHRI RAJNI KANT VERMA Vs. CHUNNILAL & ANR. Date: 26/03/2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Sandeep Mathur for the appellant. Mr. Deepak Goyal for the respondents. **** The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 is directed against the impugned judgment dated 22.08.1997 passed by the Motor Accident Claims Tribunal, Kishangarh, District Ajmer (for short 'the Tribunal') in MACT Case No. 20/95, whereby compensation to the tune of Rs. 61,000/- has been awarded in favour of the appellant with interest @ 12% p.a. from the date of institution of the suit and the rest of the claim has been dismissed. By way of this appeal the appellant is seeking enhancement of compensation on the ground that the Tribunal has wrongly assessed the income of the injured as Rs. 35/- per day on minimum daily wages basis which is on lower side whereas the injured was earning Rs. 100/- per day i.e. Rs. 3,000/- per month. It is further submitted that the Tribunal has also not considered the fact that the injured [2] appellant remained under treatment for a period of eight months and as per the certificate given by the medical board, permanent disability has been assessed as 14%. It is also contended that after pronouncement of the judgment by the Tribunal on 22.08.97, the injured appellant was examined by the Orthopedic, JLN Medical College, Ajmer on 07.10.97 and given certificate of permanent disability of left hand up to 45%, whereas the Tribunal granted Rs. 50,000/- for permanent disability of 14% which was subsequently assessed as 45% after treatment and, therefore, proportionate enhancement is required. It is further submitted that very meagre amount has been awarded under the various heads and the same required to be enhanced. The appellant also moved an application under Order 41 Rule 27 and 33 read with Section 151 CPC for taking additional evidence on record. I have heard rival submissions of the respective parties and carefully gone through the relevant record as also the impugned Award dated 22.08.97 passed by the Tribunal. It is not disputed that till the disposal of the claim petition filed by the appellant, the permanent disability was only up to 14% and the Tribunal having considered the permanent [3] disability, income of the injured appellant as well as future prospects and loss of income, awarded compensation to the tune of Rs. 61,000/- in favour of the appellant vide its impugned Award dated 22.08.97, which cannot said to be unjust and unreasonable. So far as permanent disability received by the appellant subsequently to the extent of 45% is concerned, the appellant could have move before the Tribunal, but in any case the application which has been moved on behalf of the appellant before this Court under Order 41 Rule 27 and 33 read with Section 151 CPC cannot be considered at the appellate stage. Therefore the application filed by the appellant under Order 41 Rule 27 and 33 read with Section 151 CPC at this stage stands rejected. Thus, the impugned judgment dated 22.08.97 passed by the Motor Accident Claims Tribunal, Kishangarh, District Ajmer requires no interference whatsoever by this Court. Consequently, the civil misc. appeal fails being devoid of merit and the same is hereby dismissed. Record be sent back. (K.S. RATHORE),J. /KKC/