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2012 Supreme(Raj) 27

2012(1) CCR 138 (Raj.)
(Rajasthan High Court)
Jaipur Bench
Dharamraj Vs. National Insurance Co. Ltd. (Bhagwati, J.)
HON'BLE MAHESH BHAGWATI, J.
Dharamraj
Versus
National Insurance Co. Ltd. & Ors.
S.B. Civil Misc. Appeal No. 1062/2010, decided on 04.01.2012

Advocates Appeared
Tarun Jain, for Appellant

Headnote:Motor Vehicles Act, 1988, Sec. 166 — Enhancement of quantum of compensation for the injuries — Sustained permanent disability 25% — Tribunal while considering the number and nature of injuries sustained by victim, percentage of permanent disability, to and from charges of appellant and attendant, medical expenses incurred computed quantum of compensation as Rs. 79,452/- — Held — The impugned award is well merited based on cogent finding — Warrants no interference. (Paras 3, 4)

       eksVj ;ku vf/kfu;e] 1988] /kkjk 166 & {kfr gsrq izfrdj dh ek=k dh vfHko`f) & 25% LFkk;h fu'kDrrk% vk;h & ihfM+r O;fDr dks igqaph {kfr dh izd`fr vkSj la[;k] LFkk;h fu'kDrrk ds izfr'kr] vihykFkhZ ,oa ifjpkjd ds vkus tkus dk fdjk;k] rFkk fd;s x;s fpfdRlh; O;; ij fopkj djrs gq, 79]452@- #- izfrdj dh ek=k ds :i esa x.kuk dh & vfHkfu/kkZfjr & vk{ksfir vf/kfu.kZ; lgh xq.kkxq.k okyk rFkk Li"V fu"d"kZ ij vk/kkfjr gS & gLr{ksi okaNuh; ughaA ¼in la[;k 3] 4½

       vihy [kkfjt dhA

       

Hon'ble BHAGWATI, J.—The claimant appellant has filed this appeal for the enhancement of quantum of compensation.

2. Heard learned counsel for the appellant and perused the impugned award dated 15th February, 2008 rendered by the Motor Accident Claims Tribunal, Sawai Madhopur whereby the learned Tribunal decreed an amount of Rs. 79,452/- in favour of the claimant-appellant and against the respondents.

3. Having heard the learned counsel for the appellant and carefully perused the impugned award, it is noticed that the learned Tribunal after taking into consideration the number and nature of the injuries sustained by the victim, percentage of permanent disability to be 25%, to and fro charges of the appellant and attendant and the amount of medical bills submitted by the appellant, rationally computed Rs. 79,452/- to be the quantum of compensation. The impugned award is well merited based on cogent finding, with which I fully concur and I do not find any ground to make any interference in the impugned award.

4. For these reasons, the appeal fails and the same being bereft of merit deserves to be dismissed, which stands dismissed accordingly.



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