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Judgment
N.K. Mody, J.—This order shall also govern the disposal of MA No. 2026/2006 as both the appeals are arising out of the same accident and also arising out of one award.
Being aggrieved by the award dated 31.1.2006 passed by MACT, Jhabua in Claim Case No. 54/2005 wherein a sum of Rs. 99,351 has been awarded to the appellant, the present appeal has been filed. In another case which is bearing M.A. No. 2026/2006 the award is passed in Claim Case No. 55/2005 wherein a sum of Rs, 28,823 has been awarded. Since in M.A. No. 2143/2006 respondent No. 3 is represented by Mr. Mayank Upadhayay, Advocate, therefore, he is also directed to appear in M.A. No. 2026/2006.
Learned Counsel for the appellant submits that in M.A. No. 2143/2006 appellant Parti sustained fracture of patella bone and femur bone and there was permanent disability of 36% and there was shortening of leg by � inch. It is submitted that the amount of Rs. 99,351 awarded by learned Tribunal to the appellant is on lower side.
Learned Counsel for the appellant submits that in M.A. No. 2026/2006 appellant Khel Singh sustained fracture of mandible bone and there was disfiguration and permanent pain in chewing.
Learned Counsel for the respondent No. 3 submits that the amount awarded by the learned Tribunal is just and proper.
After hearing all the evidence on record, it appears that in M.A. No. 2143/2006 looking to the injuries the amount awarded is on lower side, the same is enhanced by Rs. 75,649. Thus, the total amount comes to Rs. 1,75,000. In M.A. No. 2026/2006 appellant Khel Singh sustained injuries. Looking to the injuries amount awarded appears to be on lower side. Same is enhanced by Rs. 26,177. Thus, the total amount comes to Rs. 55,000. The enhanced amount in both the cases shall carry interest @ 6% per annum from the date of application.
With the aforesaid modifications, appeals stand disposed of.