1 S.B. CIVIL MISC. APPEAL NO.500/2004 ABID MIYAN V/s MOHAMMAD ALIAS MAMMI & Ors. DATE OF ORDER :- MAY 09, 2008 HON'BLE MR. JUSTICE GUMAN SINGH Shri Sandeep Mathur, for the appellant. Shri Ram Singh Bhati, for New India Assurance 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 Abid Miyan, for enhancement of claim against the award dated January 31, 2004, of the learned Motor Accident Claims Tribunal Tonk (for short 'the Tribunal'), in Claim Petition No. 2517/2001 (617/2000), whereby a sum of Rs.34,000/- has been awarded as compensation to the claimant-appellant. 4. Learned counsel for the claimant appellant submitted that the injured was 'Khalasi' on the truck and on account of fracture on ulna of right hand and the 2 injured sustained 5% permanent disability and the compensation which was awarded is inadequate and and as such the amount of compensation should be enhanced. 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 submissions advanced and on going through the award as well as the record of the case, it is revealed that on account of injuries sustained by the injured with 5% permanent disability on the wrist which has hampered his movement and physical endurance in performing duty as 'Khalasi', therefore, the amount of compensation seems to be in lower side. Therefore the award amount deserves to be enhanced by Rs.50,000/-. 7. Accordingly, the impugned award is modified and the amount of compensation is enhanced from Rs.34,000/- to Rs.50,000/-, with interest at the rate of 6% from the date of appeal i.e. 12.3.2004 3 and the same shall be payable within three months from the date of this order, failing which, the amount shall entail interest at the rate of 9% p.a. 8. The appeal stands disposed of with the above modification. (Guman Singh)J. Chauhan/-