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Judgment
T.N. Singh, J.—Enhancement is claimed and insurer only has challenged that. For the fracture of tibia and fibula of left leg in the motor accident, the award is passed for Rs. 27,000/- which, it is submitted, is inadequate because of the medical evidence.
I have gone through the medical evidence and I am of the view that some enhancement the claimant certainly deserves, but not to the extent prayed of Rs. 50,000/-. The Orthopaedist who gave evidence deposed that the movement of the insured claimant was restricted and in that regard the disablement was permanent because he did not recover even during the course of last six years. He continues to suffer pain and finds difficulty in taking brisk steps and in running. In my view, ends of justice shall be met if the compensation awarded is enhanced to Rs. 40,000/-.
However, it is submitted by Mr. Sharma, learned Counsel appearing for the insurer, that on 3.3.1986, the insurer filed its written statement in the Claims Tribunal on being noticed subsequently, but thereafter also for no fault of the insurer, the trial dragged on till the award was passed on 20.11.1990. He submitted, therefore, that on the enhanced amount, no interest be awarded. That prayer, I think, is reasonable and that submission is accepted.
In the result, the award passed is modified, but the interest shall be payable only on the original award as directed in the impugned order.