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Judgment
N.K. Mody, J.—Being aggrieved by the inadequacy of the amount awarded vide award dated 14.8.2002 passed by MACT, Ujjain in Claim Case No. 54/2001, whereby a sum of Rs. 20,000/- has been awarded along with interest @ 9% p.a., the present appeal has been filed.
Learned Counsel for the appellant submits that there was a fracture in Patela bone of left leg, there were five pieces out of which two could not be replaced. It is submitted that the breakup of Rs. 20,000/- is as under:
Rs. 8,000/- towards medical expenses. Rs. 2,000/- towards loss of income. Rs. 2,000/- towards special diet. Rs. 8,000/- towards pain and sufferings.
It is submitted that appellant was running the business of Sarees, could not open his shop for a period of three months. It is also submitted that medical bills of Rs. 28,222/- were not considered by the Tribunal.
Learned Counsel for respondent No. 3 submits that the amount awarded by the Tribunal is just and proper. It is also submitted that there is no medical evidence to support the contention of the appellant, learned Counsel for the appellant submits that no opportunity was given by the learned Tribunal for producing the medical evidence.
After taking into consideration all the facts and circumstances at the case on record it appears that appellant has suffered grievous injuries in his left leg as Patela bone of the left leg was fractured and medical bills submitted by appellant has also not been considered by the Tribunal.
In view of this the appeal is allowed in part, the awarded amount is enhanced from 20,000/- to Rs. 50,000/-. The enhanced amount shall carry interest @ 6% p.a. from the date of application.