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Rajasthan High Court - Jodhpur

Jawari Lal @ Shoba Ram vs Ladhu Ram & Ors on 22 January, 2009

Author: Prakash Tatia

Bench: Prakash Tatia

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                                         S.B. Civil Misc. Appeal No.2261/2007
                                          Javarilal. vs. Laduram Vishnoi & Ors.


         S.B. Civil Misc. Appeal No.2261/2007
       Javarilal. vs. Laduram Vishnoi and others.

Date : 22.1.2009

               HON'BLE MR. PRAKASH TATIA, J.

Mr.Girish Sharda, for the appellant. Mr.SK Sankhla ) for the respondents.

Mr.S Johari    )
Mr.M Choudhary )
                              - - - - -

Heard learned counsel for the parties.

The appellant suffered fracture in right leg and one fracture in ribs. The Motor Accident Claims Tribunal (I), Jodhpur has awarded compensation of Rs.19,000/- for these injuries and pain and sufferings.

Learned counsel for the appellant submitted that the appellant has not been awarded compensation for permanent disability to the extent of 10%. It is submitted that at least minimum of Rs.54,000/- should have been awarded to the appellant.

S.B. Civil Misc. Appeal No.2261/2007 Javarilal. vs. Laduram Vishnoi & Ors.

I considered the submissions of learned counsel for the parties and perused the facts of the case as well as record.

The appellant stated that he remained hospitalised in Goyal Hospital for six months but did not produce any certificate of that hospital. He remained in hospital for 3 days and he also produced the medical slips. The appellant is a mason and according to the appellant, he was earning Rs.300/- per day. Be it as it may be, looking to the total compensation awarded to the appellant/claimant of Rs.30,190/-, I do not find that the amount awarded to the claimant is low in any manner.

In view of the above, this appeal, having no merits, is hereby dismissed.

(PRAKASH TATIA), J.

S.Phophaliya