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Judgment
Subhash Samvatsar, J.—This appeal is filed by the claimant for enhancement of compensation u/s 173 of the Motor Vehicles Act challenging the award dated 1.2.1995, passed in Claim Case No. 211/1994, by the Second Additional Member Judge, Motor Accident Claims Tribunal, Morena.
The Claims Tribunal after appreciating the evidence has found that the accident has occurred due to rash and negligent driving of the driver which resulted into injuries to the appellant. The appellant has examined D.W. 2 Dr. Tomar who examined the injuries. As per the statement of doctor and Ex. P/7 which is the report of the doctor, the appellant has suffered fracture in his left tibia and fibula on the leg and other injuries. As per the statement of the doctor the appellant has suffered permanent disability.
It is true that the doctor has not stated the exact percentage of permanent disability but the doctor has very categorically stated that the claimant was limping while walking and has a swelling on his leg. The evidence led by the appellant/claimant is not rebutted by any of the respondents. Thus, it is clear that the appellant/claimant has suffered permanent disability. It has also come on record that after the accident, the appellant had to undergo a prolonged treatment and was unable to work for a period of six months.
The Court below has not assessed the monthly income of the claimant. This Court can infer the loss caused to the appellant and reasonably assessed the damages. The amount of Rs. 8,000/- for such grievous injuries which has resulted into permanent disability is on a very lower side and the said amount is enhanced from Rs. 8,000/- to Rs. 30,000/-. At the same time the amount of Rs. 5,000/- is awarded to the claimant for meeting the expenses and treatment and other expenses. Thus, the total amount of compensation is enhanced from Rs. 8,000/-to Rs. 35,000/-. The enhanced amount shall carry interest at the rate of 9% per annum.
Appeal succeeds and is allowed with costs.
Counsel fee Rs. 1,000/-.