1 S.B.CIVIL MISC. APPEAL NO.914/1998 (Virendra Kumar Vs. Jai Ram) Date of Judgment : 12-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Rathore,for the appellants. Mr.Satyendra Sharma, for the respondent- Ins.Company. This appeal has been preferred by the claimant-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 27.4.1998 whereby a sum of Rs.59,300/- was awarded by way of compensation for the injuries sustained in the accident. 2. The challenge in the appeal pertains to finding on contributory negligence by the learned Tribunal. 3. Learned counsel for the appellant submits that the injured-appellant sustained injuries in his eye and nosal bone and disability of 5% was caused on account of said injury and due to the injuries caused to the eyes, he has to face difficulty and inconvenience for whole of the life as water 2 shall be dropping from the eye for whole of the life. It is further submitted that the amount for pain and suffering deserves to be enhanced. 4. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the injured sustained 5% disability on account of injuries in the eyes and nosal bone and water shall be dropping from the eyes for whole of the life and he has to face inconvenience for entire life. In view of this, amount for pain and suffering deserves to be enhanced by Rs.10,000/-. 6. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent 3 that the appellant shall get a sum of Rs.10,000/- by way of additional enhanced compensation from the date of appeal i.e. 11.8.98, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.h-30