1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. Civil Misc. Appeal No.3545/2008 {Amin @ Sonu Versus Rajendra Kumar & Others} Date of Judgment :: 14th October, 2009 PRESENT HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. B.L. Dhakad, counsel for the appellant Mr. N.K. Verma, counsel for the respondents BY THE COURT: This is an appeal for enhancement of the amount of compensation filed by the claimant appellant Amin @ Sonu. 2. Having heard the learned counsel for the parties and carefully scanned the relevant material on record including the impugned award dated 12th March, 2008 rendered by the Motor Accident Claims Tribunal, Ajmer, it is noticed that the learned Tribunal decreed an amount of Rs. 30,000/- in favour of the appellant and against the respondents. The learned Tribunal is found to have taken into consideration the number of injuries and 2 the fact that the injured claimant was a child and thus, he was a non earning member, but did not consider the fact that the injured claimant remained in hospital for 52 days for his treatment. It is found that the claimant was operated by doctors and his skin was grafted on wound sustained by him on his leg during the accident. The learned Tribunal is also not found to have considered the mental agony and physical trauma suffered by him during the period. 3. In view of all these factors, the learned Tribunal does not seem to have awarded a reasonable amount of compensation to the claimant–appellant. Hence, I justly feel to enhance the quantum of compensation from Rs. 30,000/- to Rs. 45,000/- and the impugned award deserves to be modified accordingly. 4. For the reasons stated above, the appeal is partly allowed and the amount of compensation under award is enhanced from Rs. 30,000/- to Rs. 45,000/- payable to the claimant. Rest of the terms of the award shall remain unchanged. 3 5. No order as to costs. (MAHESH BHAGWATI), J. DK