ORDER
Prem Shanker Asopa, J.
1. The instant appeal has been filed for enhancement of the compensation awarded by the Judge, Motor Accident Claims Tribunal and Special Judge (E.C. Act cases), Jaipur vide its Award dated 12.4.2006 in Claim Case No. 1018/2004 (1954/2001) whereby the claim petition filed by the claimant has been allowed and compensation amounting to Rs. 1,39,000 has been awarded in his favour.
2. Brief facts of the case are that on 9.2.2001 while the claimant along with Lakshmi Narain was going on a motor cycle No. RJ-14 9M-220 from Basis towards Jaipur, at about 11-11.30 a.m. when they reached just ahead RIICO Industrial Area, Bassi, near Benar turn, car bearing No. DAC 6403 hit the motor cycle as a result whereof both the persons sustained injuries.
3. The claimant-appellant filed claim petition before the Tribunal claiming compensation amounting to Rs. 11,51,000. The Tribunal after hearing the parties, awarded compensation amounting to Rs. 1,39,000.
4. In the claim petition, the claimant, who was 48 years of age at the time of accident, asserted that he was a Government servant serving as Patwari and was getting Rs. 9,492 per month. However, as per claim petition, the income of the claimant was taken to be Rs. 8,500 per month and after taking the average deductions to be Rs. 1,500 per month, loss of income @ Rs. 7,000 per month x 7 = Rs. 49,000 has been assessed and awarded. For medical expenses Rs. 12,000 has been awarded; for coming to hospital for his treatment Rs. 4,000 lump sum has been awarded. And for looking after and care, Rs. 2,000 and Rs. 2,000 for nutritious food has been awarded. Under the head of loss of earning capacity and physical and mental agony, a sum of Rs. 70,000 has been awarded.
5. It has come on the record that on account of the injury sustained, the claimant-appellant suffered 43,40% permanent disability.
6. Submission of the learned Counsel is that the amount awarded under the head ‘mental agony and physical pain’ is on the lower side.
7. In have heard learned Counsel for the appellant, perused the impugned Award and also considered the submission of the learned Counsel for the appellant.
8. I am of the view that for the loss of earning, physical pain and mental agony, lumpsum compensation amounting to Rs. 70,000 and also on other heads is just, legal and proper. No error has been committed by the Tribunal in passing the impugned Award and, therefore, no interference is called for in this appeal.
9. The appeal is, therefore, dismissed.