// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Appeal No.2772/2007 Kundanlal Son of Phoolchand Versus Nihal Singh Son of Shriram Yadav and Others Date of Order ::: 16.10.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Rakesh Bhargava, Counsel for appellant Mrs. Archna Mantri, Counsel for respondent No.3 #### By the Court:- Admit. Heard learned counsel for the parties. The injured claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of the amount of compensation against the impugned judgment dated 12th February, 2007 passed by the Motor Accident Claims Tribunal, whereby the learned Tribunal awarded total compensation of Rs.70,000/- (Rupees seventy thousand) in his favour. The submission of the learned counsel for the appellant is that the Tribunal has committed an illegality in not awarding adequate amount on account of loss of income while deciding Issue No.3. He contended that // 2 // even as per second schedule the loss of income should have been determined at Rs.45,000/- in place of Rs.38,000/-, as assessed by the learned Tribunal. He, therefore, contended that the amount of compensation may be enhanced reasonably. The learned counsel for the respondent No.3 - Assurance Company defended the impugned judgment and contended that the finding of the learned Tribunal in respect of Issue no.3 is absolutely right and the same is based on oral and documentary evidence which does not call for any interference by this Court. I have considered the submissions of the learned counsel for the parties and examined the impugned judgment. The Tribunal, while deciding Issue No,3, has observed that the appellant was 8 years old; his yearly income was assessed at Rs.15000/- as notional income; he was admitted in S.M.S. Hospital; he sustained 16.86% permanent disability as per the Certificate dated 22nd September, 2003 (Exhibit-1/1). The Tribunal has awarded Rs.3500/- towards medical expenses as per the Bills produced by the claimant; Rs.8500/- towards diet, attendant and transportation charges etc.; Rs.38000/- on account of loss of income and further // 3 // Rs.20000/- for suffering mental agony. The learned Tribunal is required to pass just and reasonable award of compensation in favour of the claimant and that should not be a bonanza. The amount of compensation awarded by the Tribunal appears to be just and reasonable in the facts and circumstances of the present case. I do not find any perversity in the impugned award so as to interfere with the same. There is no merit in this appeal and the same is accordingly dismissed with no order as to costs. (Narendra Kumar Jain) J. //Jaiman//