1 S.B. CIVIL MISC. APPEAL NO.2199/2004 SMT. MANGI DEVI V/s SHRI PANNA LAL & Ors. DATE OF ORDER :- MAY 12, 2008 HON'BLE MR. JUSTICE GUMAN SINGH Shri K.N. Tiwari, for the appellant. Ms Shruti Dixit, for United India Insurance company Ltd. 1. The case has come up for admission. Both the parties agree to dispose of the case at admission stage. 2. Heard learned counsel for the parties and perused the entire record of the miscellaneous appeal. 3. This civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by injured Smt. Mangi Devi W/o late Shri Alibux, for enhancement of claim against the award dated September 3, 2004, of the learned Motor Accident Claims Tribunal, Jaipur, in Claim Petition No.701/98, whereby a sum of Rs.25,000/- has been awarded by way of compensation to the claimant-appellant. 4. Learned counsel for the claimant appellant submitted that in the accident the injured appellant sustained fractures on right ribs and on account of the same, 2 she sustained 5% permanent disability and the learned Tribunal has awarded compensation in lower side without taking into account the fact that the injured is a widow and she was engaged as labourer earning daily wage by way of manual work and on account of the injuries sustained, she has to face difficulties in carrying out the manual work herself. 5. Per contra, learned counsel for the Insurance Company, supported the award of the learned Tribunal on the ground that the finding of the learned Tribunal is correct and based on evidence and the record and as such this is not a case for interference by this Court. 6. In view of the above submissions and on going through the award as well as the record of the case, it is revealed that the injured is 30 years old lady and she was engaged in physical labour to earn her livelihood. She sustained 5% permanent disability on account of fractures on ribs which has adverse effect to carry out the manual work in which she was engaged. Therefore, the ends of justice would be met if the award is enhanced to Rs.15,000/ that is to say from 3 Rs.25,000/- to Rs.40,000/-. 8. Accordingly, while maintaining the terms of award upto the date of filing appeal, the amount of the award is enhanced from Rs.25,000/- to Rs.40,000/- with interest @ 6% p.a. from the date of appeal with the condition that failure to make payment under the award within a period of three months from this order shall entail interest @ 9% p.a. from the date of appeal i.e. 26.10.2004. 9. The award stand modified and the appeal stands disposed of accordingly. (Guman Singh)J. Chauhan/-