Court No. - 16
Case :- FIRST APPEAL FROM ORDER No. - 2529 of 2018 Appellant :- Smt. Saroj Respondent :- Smt. Meena And 2 Others Counsel for Appellant :- Vinay Kumar Singh,Rajesh Kumar Singh
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant and perused the material brought on record.
By way of the instant appeal, challenge has been made to the award dated 27.01.2018 passed by the Motor Accident Claims Tribunal/Special Judge SC/ST Act, Jhansi, in MACP No.200 of 2017 Smt. Saroj Vs. Smt. Meena and others whereby overall compensation amount Rs.8,500/- along with 7% has been directed to be given to the claimant- appellant.
This appeal has been preferred for enhancement of the compensation amount Rs.8500/-. The accident in question which took place on 03.11.2016 at 12:30 p.m. while the claimant- appellant was going along with her husband on the motorcycle from Sevada to District Datiya when Mahendra Tractor No. U.P. 93 AN 6318 being driven by negligently and rashly by its driver dashed the same with motorcycle No.MP 32 MB 3802 which resulted into serious injury being caused to the claimant-appellant. However, the case was considered by the Tribunal and vide its order dated 27.01.2018, it found just compensation to be Rs.8500/-, consequently awarded the same.
Contention is that C.T. Scanning plates on record are indicative of fact that the claimant-appellant sustained serious injury. However, that aspect was overlooked by the Tribunal merely on account of absence of medical bills which finding is not justified.
Considered the submission and also perused the impugned award dated 27.01.2018 passed by the Tribunal in MACP No.200 of 2017 whereby it has taken into account various aspects of the case based on documentary proof of injury.
Merely because C.T. scan examination was not done that alone is not sufficient to bring the case of the appellant to enhance compensation amount. No disability was incurred by the claimant-appellant. Neither serious injury was caused to the claimant-appellant nor was any such disability document brought on record. Consequently, the Tribunal while recording the finding on the point of assessment of the compensation is justified in awarding the compensation amount to the claimant-appellant.
For the aforesaid reason, the instant appeal lacks merit and the same is dismissed.
Order Date :- 29.5.2018 rkg