IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : Abdul Rehman Vs. Jonney Farnadis & Others (S.B. Civil Misc. Appeal No.1296/2010) DATE OF JUDGMENT : December 13, 2010 P R E S E N T HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Rajesh Parihar/Mr. Vineet Sanadiya for the appellant. Mr. R.K. Singhal for the respondent(s). BY THE COURT : Heard learned counsel for the parties. In this miscellaneous appeal, filed under Section 173, Motor Vehicles Act, 1988, claimant-appellant has prayed for modification of the judgment/award dated 03.11.2007 passed by Motor Accident Claims Tribunal, Bali in Claim Case No.222/2005 by way of enhancing the amount of compensation. After hearing both the sides, I have carefully examined the impugned award. It appears from the award that in the claim petition filed by the appellant for injuries sustained by him in the accident which occurred on 02.09.2005 when appellant was going from Sumerpur to village Posaliya on motor-cycle No.RJ-22/3013 which was driven by Lal Mohammed and appellant was sitting on pillion, at about 09.30 A.M., their motor cycle was hit by one Qualis car bearing No.GJ-18- AA-2398. The case of the appellant is that in the said accident, FIR was registered at Police Station Palari (District Sirohi) at No.135/05 for offences under Section 2 279, 337 and 338, I.P.C. against driver of the offending vehicle respondent No.1. Appellant claimed compensation to the tune of Rs.3,63,000/- before the Motor Accident Claims Tribunal. Learned Tribunal, however, after assessing the evidence on record granted compensation in the sum of Rs.45,000/-. Appellant claimed that he suffered 6% permanent disability and received injuries. Learned Tribunal, after taking into consideration the evidence and fact that no grievous injury was received by the claimant-appellant and to prove the disability certificate no medical evidence has been produced and, further, in the certificate, name of Hospital C.H.C., Bali has been rubbed off and, instead of that, G.H., Sirohi has been written, therefore, it appears that only simple injuries were received by the appellant-claimant. In this view of the matter, after examining the award, I am of the opinion that no error has been committed by the Tribunal while allowing Rs.45,000/- as compensation along with 9% interest from the date of filing claim petition. Therefore, there is no case for interference in this appeal. This appeal is accordingly dismissed. (Gopal Krishan Vyas) J.