// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Appeal No.349/1999 Shyam Lal Sharma Son of Shri Birdi Chand Versus Surendra Singh Son of Shri Jai Narain and Others Date of Order ::: 20.10.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Sandeep Mathur, Counsel for appellant Shri Satyendra Sharma, Counsel for respondents #### By the Court:- Heard learned counsel for the parties. This appeal, on behalf of injured Shyam Lal Sharma for enhancement of the amount of compensation, is directed against the impugned judgment dated 8th September, 1998, passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur, whereby the Tribunal awarded total compensation of Rs.31,000/- in favour of the claimant-appellant. The learned counsel for the appellant contended that the Tribunal committed an illegality in not awarding any compensation under the head 'loss of income'. He further contended that although the admission and discharge ticket of the appellant was produced on the record of the case but the same was not // 2 // exhibited on account of its being Photostat copy and original thereof was not produced, but, in his submission, this document ought to have been taken into consideration by the Tribunal, it being a benevolent piece of legislation and on this account also the amount of compensation should have been awarded. I have considered the submissions of the learned counsel for the appellant in the light of reasons assigned by the trial court for awarding the compensation. Admittedly, the appellant sustained five injuries on his person in the motor accident; out of them four injuries were simple in nature but Injury No.4 was grievous. The learned Tribunal awarded Rs.1000/- for injury No.4; Rs.3000/- were awarded under the head of mental agony suffered on account of Injury No.1 and Rs.2000/- were awarded for remaining two simple injuries and Rs.20,000/- were awarded for the chest injury found to be grievous. Admittedly, no certificate showing the income of the appellant has been produced on the record nor any disability-certificate has been produced and exhibited in the case. However, the learned Tribunal further awarded a sum of Rs.5000/- under other heads viz., medical expenses etc., although no bill showing the amount incurred on // 3 // purchase of medicines was produced in the case. The learned Tribunal also considered the 'loss of income' and awarded compensation under this head. So far as admission and discharge ticket is concerned, admittedly the original thereof was not produced in the case nor any permission was sought for producing the Photostat copy thereof as secondary evidence. In these circumstances, the Tribunal was right in not exhibiting the Photostat copy of it. Looking to all the facts and circumstances of the case, I am satisfied that the amount of compensation awarded in the present case is a just and reasonable amount of compensation which does not call for any interference by this Court. In view of the above discussion, I do not find any merit in any of the contentions of the learned counsel for the appellant. The appeal, being devoid of any merit, is hereby dismissed with no order as to costs. (Narendra Kumar Jain) J. //Jaiman//