S.B. Civil Misc. Appeal No.779/2010 Neeranjan Kumar Vs. Harish Kumar and ors. Dated of Order ::: 19th March, 2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Praveen Jain with Mr. M.R. Choudhary, for the appellants. *** Being dissatisfied with the amount under the award dated 30th March, 2005 rendered by Motor Accident Claims Tribunal (Fast Track) No.3, Tonk, the appellant-claimant-Neeranjan Kumar has filed this appeal for the enhancement of amount of compensation. Heard the learned counsel for the appellant and carefully perused the relevant material on reocrd. Learned counsel for the appellant canvassed that despite there being 23% partial disability as per certificate Ex.2, the learned Tribunal arbitrarily considered only 15% permanent disability to determine the amount of compensation, hence on this ground the impugned award needs to be rectified. It is revealed that the Medical Board did not mention the percentage of vertical compression in certificate Ex.2 and arbitrarily declared 23% to be the permanent disability. In fact, the percentage of permanent disability could be evaluated only on the basis of percentage of vertical compression. In the absence of percentage -2- of vertical compression, the learned Tribunal has rightly considered 15% to be the permanent disability. The learned Tribunal has discussed all these facts in detail at length and the impugned award is perfectly just and proper, which does not call for any intervention. In view of above, the civil Misc. Appeal being bereft of any merit deserved to be dismissed at the threshold and the same stands dismissed accordingly. (MAHESH BHAGWATI)J. Pcg