1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL MISC. APPEAL NO.2792/03 Lokesh vs. Anil Khan & Ors. Date of order : 23/4/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sandeep Mathur for the appellant. Shri R.P. Vijay for the respondent. ****** This appeal is directed against the award dated 29.9.2003 passed by the Motor Accident Claims Tribunal, Tonk, claiming enhancement of the compensation awarded to the injured appellant. Shri Sandeep Mathur, learned counsel for the appellant has argued that the Tribunal has erred in law in merely awarding a sum of Rs.25,000/- for the disability of 12% suffered by the appellant. It was argued that there was no reason for the Tribunal not to believe the disability certificate wherein the Medical Officer assessed the disability to 12% on account of injury suffered by him in his leg. Apart from this, there was fracture in the ring finger of the appellant. The appellant was a student and he has sustained in all eight injuries. The 2 amount of Rs.25,000/- granted towards disability is liable to be suitably enhanced. It was argued that if the calculation is made even on notional income basis of Rs.15,000/- per annum, this would come to at least Rs.40,000/-. Shri R.P. Vijay, learned counsel for the respondent opposed the appeal and argued that the injury which was sustained by the appellant in the leg was simple and it was not even a fracture. Only one fracture that was suffered by the appellant as per the originally produced injury report was in his ring finger. The disability certificate which was in relation to the accident of 18.10.1998 was procured on 9.4.01 and therefore it did not inspire confidence. The appellant was only a student of 9th class, even then the Tribunal has awarded a sum of Rs.25,000/- as compensation for disability and another sum of Rs.12,000/- for pain and suffering and further amount of Rs.6,000/- for treatment and special nutritious died and transportation charges and a sum of Rs.3,000/- for the loss of income. Having heard the learned counsel for the 3 parties and perused the award, I find that the Tribunal has awarded lump sum compensation of Rs.25,000/- and apart from this, Rs.21,000/- under different heads and in doing so, the Tribunal did not entirely base its judgment on the disability certificate because it found that it could not be proved in relation to any fracture in the leg of the appellant. The Tribunal found that no evidence on that aspect was led and only one fracture in the ring finger of the appellant was proved. The Tribunal even then for seven simple injuries awarded a sum of Rs.7,000/- and for one fracture a sum of Rs.5,000/- and had additionally awarded other amounts to the appellant. In totality, therefore, I do not find that the award passed by the Tribunal suffers from any infirmity, so as to warrant interference by this Court. The appeal is dismissed. (MOHAMMAD RAFIQ), J. RS/