SBCMA No.1136/07
Gopal Lal Vs. Hamid Ali @ Abdul Rahim Khan & Ors.
-{1}-
S.B. Civil Misc. Appeal No.1136/2007
Gopal Lal
vs
Hamid Ali @ Abdul Rahim Khan & ors.
DATE OF ORDER : - 11.9.2008
HON'BLE MR. PRAKASH TATIA, J.
Mr.Manish Pitaliya, for the appellant.
Mr.Manoj Bohra, for the respondents.
Heard learned counsel for the parties.
The appellant is aggrieved against the less award of
the damages to the appellant by the Motor Accident Claims
Tribunal, Nimbaheda by award dated 24.8.2006. The
appellant claimed compensation of Rs.7,65,000/- whereas
the tribunal awarded the compensation of Rs.18,000/-.
As per the facts of the case, the accident occurred on
13th Sept., 1997 and appellant suffered one fracture in the
accident. The FIR was submitted after delay of one month
and six days on 6th Nov., 1997. The appellant obtained
disability certificate Ex.9 from the doctor which is dated 14th
SBCMA No.1136/07
Gopal Lal Vs. Hamid Ali @ Abdul Rahim Khan & Ors.
-{2}-
Oct., 2005. The tribunal considered the facts in detail about
the claim of the appellant and awarded compensation of
Rs.2,500/- against the expenses incurred by the appellant
for his treatment, Rs.1,000/- for travailing expenses,
Rs.1,500/- for diet, Rs.8,000/- for fracture in right leg and
Rs.3,000/- on account of loss of income and further
awarded Rs.2,000/- on account of his future difficulties. In
total Rs.18,000/- has been awarded as compensation.
Learned counsel for the appellant submitted that the
tribunal committed error of law by ignoring the disability
certificate on the ground that it was obtained after so many
years. It is submitted that disability certificate of the year
2005 prove the fact that the disability has not cured even
after passing of more than seven years.
I considered the submissions of learned counsel for
the appellant and perused the record. It is clear from the
facts that appellant came with absolutely vague facts as
well as gave vague evidence and even then the tribunal has
awarded various amounts in various heads in total
Rs.18,000/-. Looking to the injury of the appellant and its
SBCMA No.1136/07
Gopal Lal Vs. Hamid Ali @ Abdul Rahim Khan & Ors.
-{3}-
defect, I do not find that the tribunal has committed any
error in awarding Rs.18,000/- only to the appellant nor it
can be said to be an amount low looking to the injury
suffered by the appellant.
Hence, the appeal of the appellant is hereby dismissed
having no merit.
(PRAKASH TATIA), J.
c.p.goyal/-