[2025:RJ-JP:6789] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2603/2019 Nand Kishor S/o Satyanarayan, Aged About 23 Years, R/o Sathur P.s. Hindoli, Tehsil Hindoli, District Bundi (Rajasthan) ----Appellant Versus 1. Kalu Lal S/o Durga Shankar, R/o Sathur, P.s. Hindoli, Tehsil Hindoli, District Bundi (Rajasthan) (Driver Of The Jeep No. Rj-08-T-0296) 2. Sanjay S/o Durga Shankar, R/o Sathur, P.s. Hindoli, Tehsil Hindoli, District Bundi (Rajasthan) (Owner Of The Jeep No. Rj-08-T-0296) 3. The New India Assurance Co. Ltd., Through Its Regional Manager, Regional Office At Nehru Place, Tonk Road, Jaipur (Insurer Of The Jeep No. Rj-08-T-0296) ----Respondents For Appellant(s) : Mr. Anmol Dhakar for Mr. Shree Ram Dhakar For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/01/2025 1. Instant Civil Misc. Appeal is preferred dissatisfied from award dated 24.01.2019 in MAC Case No. 726/2018 (223/2010) passed by learned Judge, MACT No.2, Bundi. 2. Appellant-claimant-Nand Kishor has filed a claim petition under Section 163-A of MV Act for injuries sustained in an accident dated 08.08.2007 for which FIR No. 475/2007 was registered at P.S. Talera, District Bundi. The Tribunal after considering material on record has awarded compensation of ₹51,844/- with interest in favour of appellant-claimant. 3. Aggrieved from amount of compensation, the instant appeal is preferred for enhancement. The claimant has asked that his [2025:RJ-JP:6789] (2 of 2) [CMA-2603/2019] income by calculated at ₹33,00/- per month and same be within limit of ₹40,000/-. Herein, after considering the material placed on record including evidence as considered by the Tribunal, I am of considered view that the Tribunal has rightly considered income of ₹3,000/- per month and there is no scope of enhancement in the income considered by the Tribunal. The appellant is not entitled for any enhancement in his income as there is no material to consider enhancement on account of loss of income. 4. The claimant has submitted a permanent disability certificate of 10% but only one grievous injury on nasal bone was reported in X-ray (Ex.1). As per Ex.2, there were five total injuries, which means one grievous and four simple injuries. Learned Tribunal after considering judgment in case of Raj Kumar Vs. Ajay Kumar & Anr. (2011) 1 SCC 343 has considered the disability as 4%. There is no material on contrary to show that learned Tribunal has committed any error. 5. Whatever, the material filed before the Trial Court, the claim petition was accordingly allowed. There is no perversity or illegality in the order passed by the Tribunal, therefore, there is no ground for enhancement and admit the appeal for further consideration. 6. In view of aforesaid, the instant civil misc. appeal is hereby dismissed. 7. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /55