-1- CMA No.499/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T S.B. Civil Miscellaneous Appeal No.499 of 2010 Satish Agarwal son of late Shri Nathu Ram Agarwal V E R S U S Manish Chawala son of Shri Ramesh Chawala and Others Date of Judgment :::: 20/08/2010 Hon'ble Mr.Justice Dalip Singh Shri Kailash Kumawat, on behalf of Shri V.S. Choudhary, Counsel for the claimant-appellant *** Per Court : Heard learned counsel for claimant-appellant. Perused the award passed by the learned Motor Accident Claims Tribunal (A.D.J. Fast Track) No.9, Jaipur City, Jaipur in claim case No.9/09 dated 30.11.2009. This miscellaneous appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the appellant-claimant for enhancement of the amount of compensation awarded for the injuries suffered in a motor accident. The appellant suffered a fracture of the left leg and remained hospitalized for about three-days as per finding of the learned Tribunal. The learned Tribunal after having taken into consideration the entire facts and circumstances has awarded an amount of Rs.63,000/- in all by way of compensation on account of the aforesaid injury. The aforesaid amount of Rs.63,000/- cannot be said to be inadequate in the facts and circumstances of the case. Principle to be adopted with regard to award of -2- CMA No.499/2010 compensation in such like cases is that the compensation should be just and not a windfall. Having regard to the facts, which have come on record relating to the nature of the employment of the appellant and the nature of the injuries and other relevant material it cannot be said that the aforesaid amount of Rs.63,000/- awarded by way of compensation is inadequate. The miscellaneous appeal fails and is, accordingly, dismissed summarily. (Dalip Singh),J. Ashok/