PANWAR, J. - (1.) THIS appeal is directed against the judgment and award dt. 31. 8. 1995 passed by Motor Accident Claims Tribunal, Bhilwara (hereinafter referred to as `the Tribunal'), whereby the Tribunal has awarded a sum of Rs. 56,800/- as compensation in favour of the appellant and against the respondents.
(2.) BRIEF facts necessary for disposal of this appeal are that on 6. 7. 1992, the appellant was travelling in bus No. RRM 3419 at 8. 15 pm. The said bus collided with another bus No. RSM 9071. Due to this accident, the appellant sustained injuries on his person. He filed a claim petition before the Tribunal against the drivers, owners and the insurer of both the buses involved in the accident. The Tribunal reached to the conclusion that the said accident was due to rash and negligent driving of both the buses by their respective drivers and accordingly, passed an award as noticed above in favour of the appellant and against the respondents. Dis-satisfied with the quantum of compensation awarded by the Tribunal, the appellant has filed this appeal seeking enhancement. I have heard learned counsel for the parties. Perused the judgment and award impugned as also record of the Tribunal. It is contended by the learned counsel for the appellant that the compensation awarded by the Tribunal is too low in view of the fact that the appellant has sustained as many as 4 injuries. The injury on right upper arm resulted in fracture of lower end of humerus, 1/3rd of radius and injury on right forearm is fracture of 1st metacopal bone. The appellant remained under treatment initially at Bhilwara Hospital and thereafter he was referred to Jaipur. He along with his elder brother and other relatives went to Jaipur in a hired jeep. He was admitted in Santokba Durlabhji Memorial Hospital, Jaipur, where, he underwent treatment for four days and thereafter, he was admitted for treatment in East in the hospital for two days and was under treatment for 15 days. Thereafter, he was taken to Ahmedabad for further treatment. He underwent the operation in the hospital of Dr. M. P. Mehta at Ahemdabad, who conducted the operation. He remained admitted for 10 days at Ahmedabad Hospital and on several occasions, he went for check up to Ahmedabad. Thus, he incurred the expenses for treatment, for which he has filed the treatment bills. It is further contended by the learned counsel for the appellant that the Tribunal fell in error in not awarding adequate compensation looking to the nature of the injuries. It was also contended that the injury resulted in permanent disablement. Certificate to this effect has been produced by the appellant before the Tribunal. The appellant failed to establish before the Tribunal that the injury resulted into permanent disablement. The certificate placed on record is a photo copy and the author of document Ex. 7 was not produced and the appellant failed to produce the original certificate. More so, the certificate was not proved in accordance with law. The Tribunal also did not rely on the certificate Ex. 7 on the ground that author of the certificate has not been examined by the appellant. The certificate speaks that the appellant has some weakness of hand. Taking into account the injury report, X-Ray report and the evidence of the claimants, the Tribunal also reached to the conclusion that the injuries sustained by the appellant resulted in partial disablement. The loss of income on account of injuries was computed at the rate of Rs. 75/- per month by the Tribunal. In my considered opinion, this amount is on lower side. Taking into account the totality of the circumstances I deem it proper to compute the compensation for loss of income at the rate of Rs. 150/- per month, which comes to Rs. 1800/- per annum and if this amount is multiplied by an appropriate multiplier of 18, the amount under this head comes to Rs. 32,400/ -. The Tribunal further erred in awarding a meager sum of Rs. 5000/- under the head of physical pain and mental agony suffered by the appellant. Rs. 10,000/- would be just and proper compensation under this head. Compensation awarded by the Tribunal for treatment expenses, nourishing diet, transportation etc. amounting to Rs. 25,0001-appears to be proper. The Tribunal also awarded a sum of Rs. 4800/- under the head of loss of income during the period of treatment for six months at the rate of Rs. 800/- per month. This also appears to be just compensation. Thus, the total compensation works out to Rs. 72,200/ -. Learned counsel for the respondent submits that according to the award passed by the Tribunal, the Insurance Company has deposited the entire award along with interest.
(3.) NO other paint was raised. In view of the aforesaid discussion, this appeal is allowed to the extent that the compensation is enhanced from Rs. 56,800/- to Rs. 72,200/ -. This amount shall carry interest at the rate of 9% per annum from the date of judgment. No costs. .;