IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : Rajasthan State Road Transport Corporation Versus Shri Kalu Lal & Another (S.B. Civil Misc. Appeal No.1274/2010) DATE OF JUDGMENT : December 08, 2010 P R E S E N T HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Anil Bachhawat for the appellant. BY THE COURT : This miscellaneous appeal has been filed under Section 173, Motor Vehicles Act, 1988 against judgment/award dated 23.07.2010 passed by Motor Accident Claims Tribunal, Rajsamand in Claim Case No.20/08 (414/07), whereby, learned Tribunal awarded Rs.3,21,000/- compensation in favour of the claimant- respondent. As per facts of the case, respondent-claimant met with an accident on 28.06.2009 when he was going on his motor-cycle, in between the way of village Visama to Gugunda, at about 12.30 P.M. The motor-cycle of the claimant-respondent was hit by Roadways bus No.RJ- 2 12/P/1519, which was going from Jaswantgarh towards Sayara and was being driven by its driver rashly and negligently. As a result, the accident occurred and claimant suffered serious injuries and, as per medical certificate, he suffered 50% physical disability on account of the said accident. Learned counsel for the appellant submits that the accident took place due to rash and negligent driving of the motor-cycle by the claimant himself, therefore, the award is erroneous. Further, it is argued that the amount of compensation is excessive, therefore, the same may be quashed and set aside. I have perused the award impugned. In para 8 of the impugned award, it is observed by the learned Tribunal that as per statement of A.W.-2 Dr. Tarun Gupta, the claimant has suffered 50% disability as a result of the said accident and there was injury upon his head and he has lost his memory. Further, half of his body has been paralyzed. In my opinion, looking to the age of the claimant and disability suffered by him, it cannot be said that compensation awarded by the Tribunal is excessive. More so, it is based upon sound appreciation of entire facts and circumstances of the case. The claimant is 19 years old and, coupled with other facts, he has suffered 50% 3 physical disability. In this view of the matter, no good ground is made out for interference in the impugned award. Consequently, this appeal is hereby dismissed. (Gopal Krishan Vyas) J.