IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Misc. Appeal No. 4856/2008 {Karan Singh Versus Hakeem Khan & Others} Date of Order :: 1st December, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Ajay Singh for Mr. D.S. Jhala for the appellant BY THE COURT: The claimant-appellant has preferred this time-barred appeal by 17 days along-with an application for condonation of delay in filing the appeal for enhancement of the amount of compensation in respect of injuries sustained by him in motor accident took place on 6th June, 2002 and being aggrieved with the impugned award dated 12th July, 2005 passed by the Motor Accident Claims, Tribunal, Jhalawar in Claim Case No. 71/2003, whereby the learned Tribunal has awarded total compensation of Rs. 17,000/- in his favour. 2. So far as delay in filing the appeal is concerned, the appellant has mentioned the following facts and reasons in his application which read as under:- “That due to illness appellant was not in position to come Jaipur and engage counsel to file appeal in this Hon'ble Court. Because appellant was unable to walk and not in position to come even Jhalawar therefore due to illness appellant has not filed this appeal within limitation before this Hon'ble Court. It is, therefore, humbly prayed that this application may kindly be allowed and the delay be condoned.” 3. There are no other facts or reasons or the date, during which he remained sick or ill nor he has annexed any medical certificate from any doctor. The application has been filed in routine manner and without disclosing any sufficient cause for condonation of delay in filing the present appeal. In these circumstances, I am not satisfied with the cause shown by the appellant for condonation of delay in filing the appeal. 4. Apart-from above, I also examined the merits of the case. The Tribunal has considered the case of the appellant for the purpose of award of compensation. The Tribunal has observed that as per injury report Ex.-11, the appellant sustained four injuries. Injuries no. 1 and 3 were shown as grievous and injuries no. 2 and 4 as simple in nature. The Tribunal awarded Rs. 2,000/- for each simple injury and Rs. 5,000/- for each grievous injury, thus, awarded total sum of Rs. 14,000/- towards the injuries sustained by him. So far as 2% permanent disability as per Ex.-12 is concerned, the Tribunal has observed that the said certificate is not in accordance with Section 142 of the Motor Vehicles Act. The Tribunal specifically observed that as per this certificate, no permanent disability is made out. The Tribunal further awarded a sum of Rs. 1,000/- for medical treatment, Rs. 2,000/- for physical pain and mental agony, thus, awarded total compensation of Rs. 17,000/- in his favour. The Tribunal is required to pass an award under Section 168 of the Motor Vehicles Act, which appears to be just, fair and reasonable. 5. Looking to the nature and number of injuries sustained by the appellant, I am of the view that the amount of compensation awarded in he present case by the Tribunal is just, fair and reasonable and cannot be said to be inadequate in any manner whatsoever, so as to interfere with the same. 6. Consequently the application under Section 5 of the Limitation Act is dismissed and appeal is also dismissed being barred by limitation as well as on merits also. (NARENDRA KUMAR JAIN),J. DK IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Misc. Stay Application No. 3163/2008 In S.B. Civil Misc. Appeal No. 4856/2008 {Karan Singh Versus Hakeem Khan & Others} Date of Order :: 1st December, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Ajay Singh for Mr. D.S. Jhala for the appellant Consequent upon the dismissal of misc. appeal, the stay application, filed therewith, does not survive and the same also stands dismissed. (NARENDRA KUMAR JAIN),J. DK