JUDGMENT

Devendra Kachhawaha, J. - The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant-claimant against the judgment and award dated 18.10.2012 passed by the learned Judge, Motor Accident Claims Tribunal, Jaitaran, District Pali in Claim Case No. 18/2009 titled as Sikander Shah Vs. Kanni Ram & Ors. whereby, the learned Tribunal has awarded a sum of Rs.43,620/- as compensation, hence, this appeal has been filed for enhancement of compensation amount.

2. Briefly put the facts of the case giving rise to this appeal are that on the fateful day of 17.06.2004 at around 2:00 pm, the appellant-claimant boarded the bus bearing registration No. RJ22-P-0575 scheduled for Pali to Ajmer, the claimant by taking the ticket for Barr, started his journey; then, the said bus, when reached near the Railway crossing situated at Pali boundary, the non-applicant No.1 by driving the bus rashly and negligently has made a cut and as a result, the claimant s left hand came out from window and hit by the gate of a vehicle standing on that side of the road; as a result of the said accidental hitting, the claimant sustained serious injuries and the left elbow was