[2025:RJ-JP:6664] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 179/2018 Smt Hasina Bano D/o Mohd Ismile Ansari, aged about 54 years, R/o Dhakke Ki Tapriya, Nayapura District Bundi (Rajasthan) ----Appellant Versus 1. Lakhan Singh S/o Sona, Resident of Sanjay Nagar, Kota Junction Kota. (Driver of Vehicle No. RJ-14-P-2274) 2. Mukesh S/o Prahlad, Resident of Sanjay Nagar, Kota Junction, Kota. (Owner Of Vehicle No. RJ-14-P-2274) 3. Jahoor Mohd. S/o Ali Mohd. Resident of 2-Ka-2 Chawani Kota. Rajasthan 4. New India Insurance Company Ltd. through Branch Manager. Kota. Insurance Company Ltd. through Branch Manager, Kota. (Insurance Company of Vehicle No. Rj-14- P-2274) 5. Mahendra Singh S/o Man Singh, R/o Kota At Present Shanti Nagar, Jaipur Rajasthan ----Respondents For Appellant(s) : Mr. Nikhil Kumar Jain for Mr. Rohit Khandelwal HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Judgment 13/01/2025 1. The instant civil miscellaneous appeal is preferred by the appellant-claimant dissatisfied from award dated 24.06.2017 in claim case No.313/2005 passed by the Motor Accident Claims Tribunal, Bundi in a petition under Section 166 of the Motor Vehicles Act, 1988. 2. Learned counsel for the appellant submits that the award passed by the Tribunal is on lower side and the claimant is entitled [2025:RJ-JP:6664] (2 of 3) [CMA-179/2018] for compensation of ₹5,10,000/-. He further submitted that the Tribunal has overlooked the material placed on record. 3. Heard learned counsel for the appellant and perused the material placed on record. 4. Twenty-five claim petitions were filed for compensation from an accident dated 13.11.1996 while travelling in Bus No.RJ-14P- 2274. As a result of accident, claim petitions were filed by legal heirs of passengers who died as a result of injuries and some of them, who have sustained injures. Initially, the claim petitions were disposed of on 22.07.2008 by learned Additional District Judge (Fast Track) No.1, Bundi. Dissatisfied and aggrieved, the Insurance Company has filed appeal before this Court and vide order dated 23.05.2011, a Co-ordinate Bench of this Court set aside the findings recorded on issue Nos.6 and 7 and remitted back the matter to the Tribunal. Later, by order dated 07.07.2014, the issue Nos.6 and 7 were modified as issue Nos.3 and 4. 5. After remand, learned Tribunal has decided issue Nos.3 and 4 in pursuant to order dated 23.05.2011 as modified on 07.07.2014. The Tribunal has awarded compensation of Rs.35,000/- in favour of the appellant claimant Hasina Bano. A perusal of material indicates that claimant Hasina Bano has sustained one injury and her age is 40 years but she has neither filed any certificate for permanent disability nor any treatment record. The vouchers Ex.40 to 60 were found suspicious. The Tribunal has awarded compensation of ₹35,000/- to claimant. 6. After considering the findings recorded by the Court below and material as referred, I am of considered view that [2025:RJ-JP:6664] (3 of 3) [CMA-179/2018] compensation of ₹35000/- is also an exorbitant compensation. Dissatisfied claimant has approached this Court without any justifiable reason and the appeal is liable to be dismissed. 7. In view of the aforesaid, the appeal preferred by appellant is hereby dismissed with pending application, if any. (ASHOK KUMAR JAIN),J Monu/14