1 S.B. CIVIL MISC. APPEAL NO.1139/2002 RAM BABOO GUPTA V/s GIRIRAJ JAT & Ors. DATE OF ORDER :- MAY 12, 2008 HON'BLE MR. JUSTICE GUMAN SINGH Shri Sandeep Mathur, for the appellant. Ms Shruti Dixit, for United India Insurance company Ltd. 1. The case has come up for admission. Counsel of 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 Ram Baboo Gupta, for enhancement of claim against the award dated March 19, 2002, of the learned Motor Accident Claims Tribunal, Jaipur & Rajasthan Co-operative Tribunal, Jaipur, in Claim Petition No.249/97, whereby a sum of Rs.1,55,000 has been awarded by way of compensation to the claimant-appellant. 4. Learned counsel for the claimant appellant submitted that the injured was 2 serving as an LDC in RSEB and he met with an accident and he sustained crushed injury on left leg and heel with fractures both malleolus with restriction of ankle movement and whereby he sustained 35% permanent disability in both the lower limbs. Learned counsel submitted that the injured has to face difficulties in squatting and and has to use orthopedic shoe for whole of life and his physical activities shall be restricted and the injured has to come across discomfort, disappointment, frustration and mental stress in her day to day life and even in discharging her normal social obligations. Learned counsel for the appellant/claimant further submitted that the learned Tribunal has erred in awarding the compensation without considering the various factors based on concept of pecuniary and non-pecuniary damages as delineated by the Hon'ble Supreme Court in R.D. Hattangadi v/s Pest Control (India) Pvt. Ltd. and others (1995 ACJ 366. 5. Per contra, learned counsel for the Insurance Company, supported the award of the learned Tribunal on the ground that 3 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 rival submissions and on perusal of the record of the case, it is revealed that the injured sustained crushed injury on left leg and fracture of both malleolus resulting 35% permanent disability which has impaired his physical movement resulting in squatting and other allied activities and has to use orthopedic shoe for whole of life. Learned Tribunal has awarded compensation on various counts as narrated in the award but without going into the details of the various heads under which the compensation has been awarded, the amount of compensation seems to be inadequate looking to the nature of injury and the ends of justice would be met if a sum of Rs.45,000/- is enhanced by enhancing the award from Rs/.1,55,000/-= to Rs. 2,00,000/- 8. Accordingly, while maintaining the terms of award upto the date of filing appeal, the amount of the award is enhanced from Rs.1,55,000/- to 4 Rs.2,00,000/- 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. 1.7.2002. 9. The award stand modified and the appeal stands disposed of accordingly. (Guman Singh)J. Chauhan/-