S.B. Civil Misc. Appeal No.754/2010 Gaffar Khan VS. Niranjan Singh and Ors. Dated of Order ::: 19th March, 2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. KN Tiwari, for the appellant. *** Being dissatisfied with the amount under the award dated 7th December, 2009 rendered by Motor Accident Claims Tribunal cum Additional Sessions Judge (Fast Track) No.7, Jaipur city, the appellant-claimant-Gaffar Khan has filed this appeal for the enhancement of amount of compensation. Heard the learned counsel for the appellant and carefully perused the relevant material on reocrd. Learned counsel for the appellant canvassed that there being a Medical Board's certificate with regard to 10% permanent disability, the learned Tribunal has arbitrarily considered only 7% disability, hence, 10% permanent disability be considered and the amount of compensation be enhanced. Having carefully scanned the impugned award, it is found that on page 14 of the impugned award, the learned Tribunal has discussed the nature of injury at length and thereafter arrived at a conclusion that the certificate with regard to 10% permanent disability was not admissible, as injuries sustained by -2- the injured were not considered properly. The learned Tribunal tested these injuries on the para-meters and well propounded principles of evaluating the percentage of disability and thereafter arrived at a conclusion that at the most 7% permanent disability could be taken into consideration for the purpose of determining the amount of compensation. The learned Tribunal having considered all the facts, has decreed an amount of Rs.1,21,500/- in favour of the appellant- claimant, which seems to be perfectly just and proper and to my view this impugned award warrants no intervention. In view of above, the Civil Misc. Appeal being bereft of any substance deserved to be dismissed at the threshold and the same stands dismissed accordingly. (MAHESH BHAGWATI)J. Pcg