Hanuman vs Shivjiram Jat And Ors
2022 Latest Caselaw 4444 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 2830/2017

Hanuman S/o Gangu alias Gangaram, R/o Gram and Post Sirohi,
Teh. Niwai, Distt. Tonk, Rajasthan
                                                         ----Appellant/Claimant
                                    Versus
1. Shivjiram Jat S/o Ramrakh, R/o Gram Kaririya, Teh. Niwai,
Distt. Tonk
2. Ramkalyan Jat S/o Ramkishore Jat, R/o Gram Kaririya, Teh.
Niwai, Distt. Tonk
3. HDFC Ergo General Insurance Company Ltd. C-98, Upasana
Tower, Subhash Marg, C-Scheme, Jaipur
                                                                 ----Respondents

For Appellant(s) : Mr. Bhanu Prakash For Respondent(s) :

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment

04/07/2022

This appeal is time barred by 30 days.

Though no application for condonation of delay under Section

5 of the Limitation Act has been filed, but perusal of the impugned

judgment dated 18.01.2017 indicates that the appellant has

sustained 3% permanent disability and the Tribunal has granted

compensation to the tune of Rs. 56,369/- along with interest at

the rate of 7.5% per annum. The quantum of compensation as

assessed and awarded by the Tribunal appears to be just and

reasonable and the same can not be treated as inadequate.

It is the settled position of law that the appellant may not

claim compensation as a windfall and the if the compensation

assessed by the Tribunal is just and proper, the same needs no

(2 of 2) [CMA-2830/2017]

interference of by the Court of appeal. In the totality of facts and

circumstances of the case, this Court is not inclined to entertain

the present appeal.

The instant appeal is devoid of merit and accordingly stands

dismissed.

All pending application(s), if any, also stand dismissed.

(ANOOP KUMAR DHAND),J

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