SUNIL KUMAR GARG, J. - (1.)THIS appeal has been filed by the appellant-claimant against the judgment and award dated 16th September, 1996 passed by the learned Judge, Motor Accident Claims Tribunal-I, Jodhpur by which he awarded a sum of Rs. 61,916/- as compensation to the appellant-claimant for his personal injuries, but this appeal has been filed for enhancement of amount of compensation upto Rs. 2,41,000/-.
(2.)IT arises in the following circumstances: The appellant-claimant filed a claim petition before the Motor Accident Claims Tribunal, Jodhpur (for short "the Tribunal") on 11th September, 1991 against the respondents claiming Rs. 2,41,278/- as compensation for his personal injuries and damages for the scooter inter alia stating that on 26th April, 1991 at about 10.00 a.m., the appellant-claimant was going towards Jalori Gate, Jodhpur on his scooter bearing No. RNN 4022 with his friend Dinesh Tater, who was also sitting on the back seat of the scooter and at that time, a Jeep bearing No. RJ.C. 288, which was being driven by Pema Ram (respondent No. 1) came from the opposite side and that Jeep was being driven by the respondent No. 1 Pema Ram rashly and negligently and with excessive speed and the respondent No. 1 Pema Ram took the Jeep on wrong side of the road and hit the scooter, as a result of which, both appellant-claimant and another claimant Dinesh Tater fell down from the scooter and both sustained injuries and in that accident, scooter was also damaged. Because of that accident, the appellant-claimant's right leg was got fractured and that fracture was compound one. The appellant-claimant was got admitted in the Mahatma Gandhi Hospital, Jodhpur for treatment. A report was also lodged in the Police Station Sardarpura, where FIR bearing No. 145/91 was registered and after investigation, police filed challan in the Court of Magistrate against the respondent No. 1. When the claim petition was filed by the appellant-claimant before the Tribunal, he was undergoing treatment. It may be stated here that before the Tribunal, Dinesh Tater, who also sustained injuries in that accident, also filed a separate claim petition and both were heard and decided by the Tribunal through common judgment and award dated 16th September, 1996. A reply to the claim petition was filed by the respondents. Thereafter, issues were framed by the Tribunal on 23rd November, 1993 and both the parties led evidence in support of their respective cases. After hearing both the parties and after taking into consideration the entire evidence and material available on record, the learned Tribunal through judgment and award dated 16th September, 1996 awarded compensation of Rs. 61,916/-, as stated above, to the appellant-claimant in the following manner:
(i) Rs. 7,687.91.--For medical expenses based on Exhibits 9 to 67. (ii) Rs. 5,000/- For the services rendered to the appellant-claimant by the servant as the appellant-claimant was not in a position to work for a period of six months. (iii) Rs. 40,000/- As general damages for mental and bodily pain. (iv) Rs. 500/- For torn clothes. (v) Rs. 5,000/- For rest for two months. (vi) Rs. 3,728--For damages to the scooter. Total Rs. 61,915.91 (Rs. 61,916.00)
Dissatisfied with the above amount of compensation awarded by the Tribunal through impugned judgment and award dated 16th September, 1996, the appellant-claimant has preferred this appeal.
In this appeal, it has been contended by the learned Counsels appearing for the appellant-claimant that since the injury on the right leg of the appellant-claimant had resulted in total full functional incapacity, therefore, the amount of compensation awarded to him by the Tribunal was not just and proper compensation and furthermore, the appellant-claimant could walk with the help of clipper and thus, the impugned judgment and award should be modified and the amount of compensation should be enhanced to Rs. 2,41,000.00.

(3.)ON the other hand, the learned Counsel for the respondent No. 3 supported the impugned judgment and award passed by the Tribunal.