GOYAL, J. - (1.) INSTANT appeal has been preferred by the claimant appellant, who sustained injuries in a road accident which occurred on 5. 8. 1998, for enhancement of the compensation against the award dated 10. 10. 2001 passed by the Motor Accident Claims Tribunal, Gangapurcity in MAC No. 116/1998 whereby the compensation to the tune of Rs. 77,460/- has been awarded in favour of the appellant-claimant.
(2.) HEARD learned counsel for the parties and perused the award passed by the Tribunal. Learned counsel for the appellant contended that a very meagre amount of Rs. 60,000/- under the head of mental agony, permanent disability and loss of earning has been awarded by the Tribunal while the appellant-claimant sustained many serious injuries and suffered 22. 6% permanent disability. It is also contended that claimant-appellant remained hospitalized for about the months and was operated thrice but nothing has been awarded under the head of other expenses incurred during the hospitalization except medicines. Learned counsel appearing for the respondent-Insurance Company supported the impugned award and contended that after considering the entire facts and circumstances of the case, learned Tribunal awarded adequate compensation. I have considered the rival contentions. It is not disputed that the claimant-appellant Budh Ram sustained grievous and simple injuries in the motor accident which took place on 5. 8. 1998. Learned Tribunal found that this accident took place due to the negligent driving of the truck bearing registration No. RJ-25/g-631 by its driver respondent No. 1 Shashi Kumar. Learned Tribunal awarded Rs. 17,460/- under the head of expenses in medicines, loss of articles, fare of bus and loss of three months salary as per Rs. 2,000/- per month. Apart from this, an amount of Rs. 60,000/- was awarded under the head of mental agony, pain and suffering, permanent disability and loss of working capacity. It is evident that injured remained hospitalized for about two months and was operated thrice. He also sustained fracture in his right leg and 22. 6% permanent disability as per the medical evidence. Considering the entire facts and circumstances of this case, it would be appropriate to award Rs. 70,000/- instead of Rs. 60,000/- under the head of mental agony, pain and suffering, permanent disability and loss of working capacity. Consequently, the appeal is partly allowed, the amount of Rs. 60,000/- as awarded by the Tribunal is enhanced to Rs. 70,000/- and the remaining part of the award is upheld. The claimant-appellant is also entitled to interest @ 6% per annum on the enhanced amount from the date of filing the claim application till the payment is made. The appeal stands disposed of as indicated above. . ;