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Judgment
For permanent injuries said to have been suffered by the present appellant in a motor road accident, whereby he had sustained fracture of his femur bone, he has been awarded sum of Rs. 52,862/-. This appeal is for enhancement.
It was contended that the appellant is aged 45 years and was working as labour at the relevant point of time. It is also submitted that on account of fracture, there has been shortening of right leg by one and half inch. It has also been contended that permanent disability has been assessed by the doctor at 36% and earning capacity has been reduced by ten percent.
On consideration of submissions as advanced and looking to the evidence available on record, we are of the considered opinion that the amount deserves to be enhanced. Indeed, a meagre sum has been awarded to the appellant for the permanent disability suffered by him in a motor road accident.
In the considered opinion of this Court, appellant deserves and is awarded total sum of Rs. 1,50,000/-. This is inclusive of the medical treatment also. The award, therefore stands modified to the extent that appellant would be entitled to claim total sum of Rs. 1,50,000/- from the respondents. The difference amount shall carry interest at the rate of 9% from the date of the application till it is paid. The award stands modified to this extent.
The appeal thus stands allowed to the aforesaid extent, with cost throughout. Counsel''s fee Rs. 1,000/- if certified.