1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL No.1739/2005 arising out of Claim No.1831/01 BAJRANG LAL V/s SATYA NARAIN & OTHERS. DATE OF JUDGMENT ::::: MAY 05, 2008 PRESENT HON'BLE MR. JUSTICE GUMAN SINGH Shri Sandeep Mathur, for appellant. Shri Sandeep Jain, for respondents. Shri D.S. Rathore, for United India Insurance Copany Limited. BY THE COURT : (Oral) This appeal has come up for admission. Both the parties agreed to dispose of the case at admission stage. 2. Heard. 3. This appeal u/s 173 of the Motor Vehicles Act, 1988 (for short “the Act”) has been preferred by the appellant for enhancement of compensation against the award dated March 19, 2005 passed by the learned Judge, Motor Accident Claims Tribunal, Tonk, (for short “the Tribunal) whereby a sum of Rs.12,500/- was awarded by the learned Tribunal. 4. On March 23, 2000 around 7.30 P.M., deceased and injured were going in tractor 2 RJ-08 R 3332. The tractor was dashed by truck RJ-06 G 0856. The offending truck was being driven by respondent Satyanarain. In the accident Parma Ram, Mahendra, Jagdish, Mst. Bhoori, Mst. Dholi, Mst. Gulab and Mst. Gheesi died and Sanjay @ Santu, Ramratan, Chhotu Lal, Mst. Bhoori, Ramesh, Bajrang Lal, Mst. Kajodi, Raju Lal, Ramkaran, Bhanwar Lal S/o Chhotu Keer and Bhanwar Lal S/o Ramdeo Raigor received serious and simple injuries. 5. Learned counsel for the appellant submits that injured Bajrang Lal has sustained 3% permanent disability on account of fracture of four ribs and as such the amount of compensation deserves to be enhanced. Learned counsel for the appellant/claimant further submits 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. 6. Per contra, Shri D.S. Rathore learned counsel for the United India Insurance Company Limited and Shri Sandeep Jain, learned 3 counsel for the respondents, supported the award of the learned Tribunal on the ground that the Tribunal has considered all the aspects of the accident and after recording evidence of both the sides during enquiry, rightly arrived at the conclusion and calls for no interference. 7. In view of rival contentions and perusal of the award, the record as also the fact that the injured has sustained fracture on four ribs and on account of that he has been found 3% disability, therefore the amount of compensation, deserves to be enhanced to Rs.30,500/- (12,500 + 18000 = Rs.30,500/- from the date of filing of appeal i.e. 31.5.2005. 8. Accordingly, while maintaining the terms of award upto the date of filing appeal, the amount of the award is enhanced to Rs.30,500/- 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. 31.5.2005. 4 9. The award stands modified and appeal stands disposed of accordingly. (Guman Singh), J. chauhan/