IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. A.O. NO. 493 OF 2005 Dinesh Chandra S/o Bhawani Dutt R/o Village Nagni, P.O. Pul Hindola Tehsil and District Champawat .. Appellant. Vs. 1. The New India Assurance Company Ltd. through its Regional Manager, Regional Office, Haldwani, District Nainital. 2. Ramesh Kumar S/o Roop Singh, R/o Havaldar Bhawan, Chandmari, Lohaghat P.O. Lohaghat, District Champawat .. Respondents. Sri Dinesh Gahatori, Advocate for the appellant. Sri P.C. Maulekhi, Advocate for respondent No. 1. Sri R.B. Aggarwal, Advocate for the respondent No.2. Dated: 28-03-2008 Hon’ble B.C. Kandpal, J. This appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 30-7-2005, passed by Motor Accident Claim Tribunal/District Judge, Champawat, in MACP No. 51/2004, Dinesh Chandra Vs. Ramesh Kumar and another, whereby compensation of Rs. 76,000/- was awarded to the claimant along with interest @ 6% per annum from the date of filing of the petition till the final payment of the award, to be payable by New India Assurance Company. 2- Brief facts of the case are that on 8.7.2002, the claimant Dinesh Chandra was travelling in the jeep bearing registration No. U.P. 03-4047, from Lohaghat to Chamadewal. Due to rash and negligence of the driver the said vehicle met with accident near Pul Hindola, in which two passengers travelling in the jeep died at the spot and the injured passengers were admitted in Lohaghat Hospital. The claimant also sustained grievous injuries in the said accident and he was also admitted in Lohaghat Hospital and the doctor after finding the injuries of the claim grievous in nature, advised him to get treatment at some higher center at Bareilly. According to claimant he sustained injuries on his head, elbow, wrist ad waist. His right shoulder bone was fractured in the accident. According to the injured iron rod had to be inserted in his body. He has to remain under plaster. The claimant filed claim petition for compensation of Rs. Five lacs. 3- The owner of the offending jeep has filed his written statement before the Tribunal and admitted the accident. He, however, has denied his liability to pay compensation. According to him the vehicle was insured with New India Assurance Company and the driver was having valid driving license, therefore, the liability to pay compensation is upon the insurer of the vehicle. 4- The New India Assurance Company has field its written statement, denying the allegations made in the petition. The Insurance Company has admitted the insurance of the offending jeep with it, but alleged that huge amount has been claimed as compensation. The claim has been filed in collusion with the owner of the jeep hence not maintainable. 5. The learned Tribunal framed relevant issues in the claim petition. Thereafter, the claimant adduced oral as well a s documentary evidence. The Opposite Parties also filed documentary evidence. The learned Tribunal after considering the evidence on record and hearing learned counsel for the parties decreed the claim petition against the new India Assurance Company for a compensation of Rs. 76,000/- along with interest @ 6% per annum from the date of petition till the date of final payment. 6- Feeling aggrieved with the award, the claimant has preferred this appeal before this court for enhancement. 7- I have heard learned counsel for the parties and perused the record. 8- After hearing learned counsel for the parties and having gone through the record, I do not find any force in this appeal filed by the claimant/appellant for enhancement of compensation. The learned Tribunal has recorded a categorical finding that although the claimant has claimed Rs. 1,40,000/- towards expenses on his medical treatment, but the claimant per list 6-C has filed receipts of expenses incurred by him on his treatment, the total of which comes about Rs. 59,000/-. The Tribunal has awarded this sum towards expenses on medical treatment. Besides the above, the claimant also submitted receipt of Rs. 12,000/- as taxi charges incurred by him for transportation The Tribunal awarded this amount to the claimant. The Tribunal also awarded Rs. 5,000/- for physical and mental agony suffered by the injured/claimant due to the injuries sustained in the accident. 9- It is to be noted here that according to the claimant he has suffered injuries on his right hand, right shoulder, head, waist and legs. The claimant has not filed any disability certificate in order to show that he has suffered disability due to the injuries sustained in the accident. Therefore, in my opinion, looking to the nature of injuries sustained by the claimant, the learned Tribunal has rightly awarded the compensation of Rs. 59,000/- towards expenses incurred on medical treatment; Rs. 12,000/- transportation charges and Rs. 5,000/- for mental and physical pain. The Tribunal also awarded interest @ 6% per annum from the date of presentation of the claim till the date of final payment and the same does not require interference by this Court. 10- In view of above, the appeal lacks merit and is liable to be dismissed. 11- Accordingly the appeal is dismissed. No order as to cost. (B.C. Kandpal, J.) ISB