Hon'ble SHARMA, J.—Since the appeal and the cross-objection relate to award dated 30.9.2009 passed by Judge, Motor Accident Claims Tribunal, Jaipur in Claim Case No. 1620/2007, they are being disposed by this common judgment.

2. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.

3. Facts in brief are that on 2.5.2007 at about 7 a.m. Vijay Kumar was going on his Hero Puch bearing No.RJ-14-32-M-4833 from his house to the High Court for duty. When he was nearing Ambedkar Circle after crossing Janpath, opposite LIC office then Santro Car bearing No. DL 3 C AB 4515 hit the claimant from back resulted in accident. The FIR bearing No. 115./2007 was lodged before the Police Station Jyoti Nagar Jaipur on 18.5.2007 stating therein that he received injuries on his body and his right hand. The passer by colleagues took him to the S.M.S. Hospital for treatment where he was admitted on 2.5.2007 and discharged on 9.5.2007. The FIR was lodged on 18.5.2007 on account of busy in the treatment. The Medical Board issued a disability certificate on 11.2.2008 for 18.68% disablement due to operation of Ulna bone of right hand. The clai

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