1/3 S.B.CIVIL MISC. APPEAL NO.402/1997 (Bhanwar Lal vs. G.S.R.T.C. Ahmedabad & Ors.) DATE OF ORDER : 6/8/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Lalit Vyas, for the appellant. By this appeal, the claimant appellant has prayed for enhancement of compensation for the loss on account of injuries caused to him in an accident which took place on 3/6/1989 on account of collision between Bus No.GQI 8936 and truck no.DEL 2990. In the said accident the injured appellant suffered fracture in both his legs and according to learned counsel for the appellant he had to remain hospitalised for 19 days at Ahmedabad and spent Rs.31660/- on account of medical expenses and treatment. Learned Tribunal has found that at the time of accident the age of injured was 55 years and he was working as tailor and the Tribunal treating the period of treatment as six months had allowed compensation under different heads including the complete medical expenses awarded total compensation of Rs.90,000/- including consolidated interest of Rs.13,000/-. The findings on issue no.2 at 2/3 page 3-4 of the award have been perused by this Court. Learned counsel for the appellant claimant submits that injured has suffered 20% disability, therefore, the compensation awarded by the learned Tribunal is on the lower side and same deserves to be enhanced. He also submits that instead of consolidated interest, interest @ 12% ought to have been awarded by the learned Tribunal. Having heard learned counsel and upon perusal of the impugned award, this Court is satisfied that the learned Tribunal has already awarded, rather liberally, sufficient compensation for the injuries in question while allowing complete medical expenses incurred by the claimant Rs.31,660/- rounded off to Rs.32,000/-. Learned Tribunal has also allowed Rs.2000/- for incidental travelling and Rs.30,000/- for the loss of income on account of said disability, which ofcourse was temporary, and further sum of Rs.10,000/- towards mental harassment and agony. Learned Tribunal has also awarded consolidated interest of Rs.13,000/- on account of delay in proceedings caused due to non-production of evidence by the non- applicant and thus, total compensation of Rs.90,000/- has been awarded by the learned Tribunal. 3/3 This Court finds no ground to hold that the interest could be allowed only at a particular rate and not in the form of consolidated interest and ultimately it is just and fair compensation which could be awarded by the learned Tribunal in such cases. Looking to the nature of injuries, medical treatment and the period of disability, this Court is satisfied that the learned Tribunal has awarded sufficient compensation by the impugned award and it does not require further enhancement. This appeal for enhancement is, therefore, found to be devoid of merit and same is accordingly dismissed. Copy of this order be sent to opposite side. (DR.VINEET KOTHARI), J. item no.8 baweja/-