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Judgment
R. Basant, J.—Claimant is the Appellant. He claimed compensation for the personal injuries suffered by him in a motor accident which took place on 15.04.1998. He had suffered compound comminuted fracture of both bones of right leg upper 1/3. He was an inpatient for 70 days. He suffered permanent disability also as a result of the accident. 10% is the permanent disability suffered.
The Tribunal against a claim of Rs. 4 lakhs awarded an amount of Rs. 1,11,500/- as compensation as per the details shown below:
Head of claim Transportation
Amount awarded in Rs. 4000
Extra nourishment
Damages to clothes
5000
300
Bystander''s expenses
Pain and sufferings
7000
25000
Medical expenses
12000
Head of claim
Loss of income
Amount awarded in Rs. 5000
(2000 X 2.5)
Loss of amenities
Permanent disability
10000
43200
(2000 X 12 X 15X 10/100)
Total
1,11,500
Interest was awarded only '' 6%.
Quantum is the only ground of challenge. Called upon to be specific, the learned Counsel for the Appellant assails the conclusion of the Tribunal that Rs. 2,000/- per mensem can be reckoned as the monthly income as on 15.04.98. The Appellant claims to be a soda maker. No. better evidence was produced in support of his income. The Tribunal, in these circumstances, drew the presumption of prudence that the monthly income of the Appellant can be reckoned at Rs. 2,000/- per mensem. We are unable to find any such inadequacy/defect/error in that presumption of prudence drawn by the Tribunal. The challenge on this ground cannot succeed.
The only other ground of challenge raised by the learned Counsel for the Appellant is that interest has been awarded only at the rate of 6% per annum. The learned Counsel argues and we agree that interest must have been awarded at least 7.5% per annum. To that extent, the challenge in this appeal succeeds.
In the result:
a) This appeal is allowed in part;
b) The impugned award is upheld in all other respects. But it is directed that interest shall be payable '' 7.5% per annum from the date of the claim to the date of deposit/realisation.