M.C.Sharma, J. - (1.) THIS appeal has been filed by the claimant Golu, who is aged about 3 years at the time of accident, represented by his father Satish Chandra, against the award dated 23.9.2011 passed by Judge, Motor Accident Claims Tribunal Gangapur City in MACT case No. 34/2008 whereby claim petition of the claimant appellant was allowed and he has been allowed compensation in the amount of Rs. 25,169/ -. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.
(2.) BRIEF facts of the case are that the claimant appellant sustained various injuries in an accident took place on 1.1.2008 at about 11. a.m. nearby Salempur Bus Stand when he was waiting with her mother for Bus due to rash and negligence of the respondent No. 1 in driving vehicle jeep No. RJ 34 UA 0105 owned by respondent No. 1 and insured by the respondent NO. 2. It was alleged that when the appellant was standing at bus stand Salempur to take the bus for Gangapur suddenly jeep came from Karauli side and hit the claimant appellant. In the said accident he sustained fracture of right thigh mid shift femur and sustained various other injuries. FIR No. 5/2008 was lodged at Police Station Kundgaon Distt. Karauli for the aforesaid accident, in which charge sheet was submitted against respondent No. 1 for offence punishable under sections 279, 337 and 338 IPC. On the basis of the pleadings of the parties four issues were framed. Statements of witnesses were recorded and documents were exhibited. After hearing both the parties, the MACT awarded a sum of Rs. 25169/ - as compensation. Feeling aggrieved against the award of meager compensation this appeal has been filed for enhancement of the compensation. Mr. L.L. Gupta, learned counsel appearing for the claimant appellant has argued that the MACT has seriously erred in not awarding any amount under the head of permanent disability by saying that the claimant is a child and there is no loss of income due to the aforesaid permanent disability to him. The MACT has also erred in not awarding any amount under the head of hospitalization while it is proved that due to the aforesaid injuries the claimant appellant remained admitted in hospital for 7 days. The MACT has also erred in not awarding any amount under the head of injury' sustained by the claimant. The MACT has further erred in awarding a meager amount of Rs. 20,000 under the head of physical pain and suffering while the claimant appellant at the time of accident was only 3 years of age and due to the aforesaid disability he has to face many problems in his full future life. The MACT has erred in granting interest @ 6 % per annum whereas the interest should have been granted at the @ 18 per cent per annum.
(3.) I have gone through the award passed by the MACT dated 23.9.2011. As per the injury report Ex. 7 and Ex. Ray Ex.8, it is clear that the claimant received only one fracture on right thigh which is of grievous nature and the disablement for which was only of 4.51% in Ex. 12, Looking to the grievous injury and disablement of 4.51 %, the MACT awarded Rs. 20,000/ - and for mental agony Rs. 2,000/ - were awarded. For medical expenses bill which are Ex. 16 to 28 Rs. 3169/ - were awarded. In all Rs. 25169/ - were awarded as compensation to the claimant. Looking to the facts and circumstances of the case there is no need to further award any amount in any other head to the claimant. The appeal filed for enhancement being devoid of merit stands rejected. The misc. appeal filed by the claimant is rejected. The award passed by the MACT is confirmed.;