-1- C.M.A. No.781/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R D.B. Civil Miscellaneous Appeal No.781 of 2010. Mool Chand son of Shri Nemi Chand VERSUS Mohammad Hussain son of Shri Ramjan Khan & Others Date of Order :::: 09/08/2010 Hon'ble Mr.Justice Dalip Singh Shri Sandeep Mathur, Counsel for the appellant *** Per Court : Heard learned counsel for the appellant. Perused the award passed by the learned Motor Accident Claims Tribunal, Ajmer dated 19.12.2009. The claimant-appellant has preferred this miscellaneous appeal for enhancement of the amount of compensation which has been awarded to the tune of Rs.11,56,000/- on account of the injuries suffered by the appellant as mentioned in the Paragraph 10 of the Award. It has also come on record that at the time of the accident the appellant was having income of Rs.12,000/- per month. The basic principle with regard to the award of compensation is that it must be a just compensation and not a windfall. Learned counsel for the claimant-appellant contended that as a consequence of the accident the appellant had to close down his shop and, therefore, there has been a loss of income. -2- C.M.A. No.781/2010 Learned counsel for the claimant-appellant also contended that the Disability Certificate has also not been taken into account by the learned Tribunal. I have considered the award passed by the learned Tribunal so far as closure of the shop is concerned that is more by way of choice and not as a consequence of the injuries suffered by the appellant, though it may be that as a result of the accident the shop remained closed for some time, since the appellant was hospitalized and the shop had to be closed during the aforesaid period. However, once the appellant recovered from the injuries, it would open for the appellant to have again started doing his business at his own shop of Textile and Ready made Garments. If it has been closed, it is now by the choice. In these facts and circumstances of the case, it cannot be said that total amount of compensation awarded of Rs.11.5 lacs to the appellant for injuries suffered is not a just compensation. Consequently, the miscellaneous appeal fails and is hereby dismissed. (Dalip Singh),J. Ashok/