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GIRDHARI SINGH v UMMED SINGH & ORS - CMA Case No. 2955 of 2005  RD-RJ 2361 (26 October 2006)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
SB CIVIL MISC. APPEAL NO.2955/2005
Girdhari Singh V/s Shri Ummed Singh & Ors.
Date of order : : 26.10.2006
HON'BLE MR. JUSTICE P.S. ASOPA
Mr.J.P. Gupta, for the appellant.
This is an appeal on behalf of the injured appellant for enhancement of compensation against the award dated 20.7.2005 in MAC case No.35/2005
(44/2003) passed by the MACT cum Additional District
Jude, (Fast Track No.2), Beawar.
The facts, in brief, of the case are that on 12.8.2002 when the appellant was standing on the
Saroth Circle on the side of the road, a Truck No.HR- 38A-7106 dashed the appellant. As a result of which, the appellant sustained various injuries on the various parts of the body.
The submission of counsel for the appellant is that there are four injuries, out of which one is of grievous nature, therefore, compensation is on lower side and further, there is no reason to disbelieve the permanent disability certificate.
The Claims Tribunal has awarded Rs.3,000/- for three simple injuries, Rs.5000/- for one grievous injury, Rs.10,840/- for medical bills including
Rs.3000/- of operation charges, Rs.2100/- for loss of earning of the intervening period from the date of accident to recovery and Rs.4000/- for physical pain and mental agony. In all Rs.24,940/- has been awarded.
The submission of counsel for the appellant is that on account of said grievous fracture Rs.5000/- is inadequate.
The Claims Tribunal has considered the fact that
Ex.9 certificate of permanent disability is doubtful on account of mentioning the date of accident 12.2.2002 whereas the accident has taken on 12.8.2002 and further the said certificate has been issued by
Krishna Hospital where the appellant was not admitted as per his own statement.
I have gone through the award of the Claims
Tribunal and further considered the submission of counsel for the appellant.
In my opinion, the Claims Tribunal has not committed any error in not relying the said disability certificate and further in assessing the compensation and further the submission of counsel for the appellant has no force.
The appeal fails and is dismissed.
(P.S. ASOPA) J. ummed/-
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