1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Civil Misc. Appeal No. 1041/2001 Ram Kishan Meena vs. Prakash Narayan Gurjar & ors. Dated : 08.01.2010 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Sudhir Kumar Tiwari, for the appellant. Mr. Virendra Agrawal with Mr. Kishan Swami, for the respondent no. 1. Challenge in this appeal is to the judgment and award dated 09th April, 2001 rendered by the Motor Accident Claim Tribunal, Dausa, whereby learned Tribunal decreed an amount of Rs. 44,800/- as compensation in claim petition No. 51/1995 in favour of the injured appellant. Dissatisfied with this amount of compensation, the appellant has preferred this appeal for the enhancement thereof. 2. Factual matrix of the case is that: On 16th February, 1994, Brahm Singh and Ram Kishan, the employees of Excise Department were going with the Excise Preventive Force in official Jeep bearing registration No. RJ 27 C 1285 from Sikandra Road, Bandikui to Sikandra on official duty. It is alleged that Prakash Narayan Gurjar drove the vehicle rashly and negligently as a result whereof, the Jeep turned turtle near Salawas Kalan, Octroi Post. This accident resulted into grievous injuries to both the Brahm Singh and Ram Kishan. Brahm Singh 2 expired on 6th July, 1994 during treatment and the appellant suffered permanent disability. 3. Heard learned counsel for the parties and perused the relevant material on record including the impugned award. 4. Learned counsel for the appellant has canvassed that the appellant sustained grievous injuries in the alleged accident and remained on leave for five months for treatment. Not only this, he suffered 19.2% permanent partial disability. The appellant was a Government employee, so he got the amount of medical bills reimbursed but so far as the physical pain, trauma and loss of earning on account of the injuries is concerned, the learned Tribunal adopted a casual approach and arbitrarily awarded abysmally low amount of Rs. 44,800/- as compensation in his favour. Keeping in view the injuries and permanent partial disability having suffered by the appellant, the amount of compensation needs to be enhanced. 5. Per contra, learned counsel for the respondent defended the impugned award and stated the same to be just and proper. 6. Having considered the submissions made at the bar and carefully perused the relevant material available on record, it is noticed that the learned Tribunal while adjudicating the claim petition No. 51/1995, considered all the aspects of the matter. Learned Tribunal not only considered the evidence but properly analyzed all the circumstances surrounding the accident, status of the injured, the nature of the injuries and permanent partial disability in detail. The appellant, as per the injury report Exh. 58, is found to have sustained six injuries 3 on his person and none of these injuries has been found to be grievous. It is also found that the appellant being Government Servant got the medical bills reimbursed from the State. Albeit, he speaks of some medical bills with regard to medicines purchased from private shops but he has not submitted any bill before the Court. No amount of medical treatment with regard to medicines etc. can be reimbursed unless it is duly substantiated by the documentary evidence. An amount towards bouchers or bills of medicines can be awarded only when the same is produced in the court. NO amount can be reimbursed merely on the basis of oral submission. The learned Tribunal while considering the case of the appellant, took care of all the heads, for which the amount could be awarded. Keeping in view the nature of the injuries, learned Tribunal has rightly awarded an amount of Rs. 44,800/- as compensation in his favour. This amount from no stretch of imagination can be termed to be abysmally low. The impugned judgment is found to be just and proper and suffers from no infirmity. 7. For the reasons stated above, the appeal being devoid of merits deserves to be dismissed and the same stands dismissed accordingly. 8. No order as to costs. (MAHESH BHAGWATI),J. Mak/- 45