VINEET KOTHARI,J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS appeal is directed against the award dated 8th December, 1997 passed by learned Judge, Motor Accident Claims Tribunal, Khetari from claimant's side who suffered injuries in an accident which took place on 30th June, 1989 when he was hit by jeep No. RJP -5891 coming from the side of Singhana to Chidawa. The said claimant got down from R.S.R.T.C. bus and was going from the back side of the said bus and when he was crossing the road, the said jeep coming from the opposite side, hit him and as a result of this accident, he suffered injuries. Exhibit 27, medical certificate of Asstt. Professor of Orthopaedics Department, S.M.S., Hospital Jaipur dated 5th September, 1990 shows that claimant is having weakness of quadriceps on affected side with restricted knee movement (5 -100 range) and shortening of leg by approximately 1 cm. The said certificate given after about one and half years of the injuries, shows that claimant suffered some sort of permanent disabi1ity, though there is no mention of permanent disability in the said medical certificate. The learned Tribunal came to the conclusion that it was a case of contributory negligence of the claimant as well as offending vehicle of jeep, therefore, compensation awarded by the learned Tribunal of Rs. 40,000 was reduced to half and sum of Rs. 20,000 was directed to be paid from the owner of the said jeep with 12% interest.
(3.) HAVING heard learned Counsel for the parties, and upon perusal of record, this Court is of the view that the interest of justice would be met if an ad hoc sum of Rs. 10,000 further is awarded in favour of claimant in view of nature of injuries suffered by him having sort of permanent effect in the form of shortening of leg by 1 cm. The said sum of Rs. 10,000 (rupees ten thousand only) will not carry any interest and said sum would be paid by the respondent No. 3, Insurance Company to the appellant -claimant within three months/by Account Payee cheque.;