N.C.JAIN, J. - (1.) THIS appeal has arisen out of an award by Motor Accidents Claims Tribunal, Hissar dated 10.5.1985 granting a sum of Rs. 6000/- to the appellant for the injuries suffered by his minor daughter aged 15 years Miss Krishna Kumari. It was the case of the appellant that Krishna Kumari along with one Balbir were returning from Jind to village Satrod on 2.12.1982. They boarded a bus from Hansi for going to Satrod. When the bus reached near Satrod. Miss Krishna Kumari and Balbir came out of the bus and wanted to cross the road and actually reached the kucha portion of the road when bus No. RRE-7291 came and struck Krishna Kumari causing her injuries on the head and on her thigh. It has been found under issue No. 1 that Ram Kumar driver of the bus was negligent and rash and, therefore, the injured was entitled to the grant of damages. The compensation is the sum of Rs. 6.000/- has been granted by the Motor Accidents Claims Tribunal. In appeal a sum of Rs. 40,000/- has been claimed.
(2.) I have heard the Counsel for the parties and I am of the view that the appellant Is not entitled to the grant of Rs. 40.000/- as no permanent disability has been proved. However I am of the view that Rs. 6,000/- would be too meagure an amount in the present case, May be, it has not been proved to the hilt that Miss Krishna Kumari has suffered any fracture as was sought to be alleged but it appears that Miss Krishna Kumari did suffer some injury which can be described more than a simple injury. It has come in the statement of Dr. M.R. Sapra PW3 that there was a fracture of left thigh bone. It has further been stated that the original record was not traceable in the hospital and the same was taken by someone for preparing photo copies. According to the doctor the record was not returned back. From the above mentioned facts it has been gathered that even if no fracture was suffered by the injured, the lady must have remained under pain and suffering for which adequate compensation under all heads can be granted to the tune of Rs. 12,000/-. For the reasons recorded above, this appeal is allowed, the compensation is enhanced from Rs. 6,000/- to Rs. 12,000/-. The appellant would be entitled to interest at the rate of Rs. 12% per annum from the date of the application till the date of payment.No costs.;