1 S.B. CIVIL MISC. APPEAL NO.924/2005 ISHWAR LAL V/s BHEEM SINGH & Ors. DATE OF ORDER :- MAY 7,2008, HON'BLE MR. JUSTICE GUMAN SINGH Shri P.C. Sharma, for the appellant. Smt. Archana Mantri, 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 Ishwar Lal for enhancement of claim against the award dated November 22, 2004, of the learned Additional District & Sessions Judge (Fast Track No.6), Jaipur City, Jaipur in Claim Petition No. 941/2004, whereby a sum of Rs.70,735/- was awarded. 4. Learned counsel for the claimant appellant submitted that the injured sustained compound fracture in left tibia and fibula bone of left leg resulting 41.15% permanent disability. Leaned 2 counsel submits that on account of injuries, the appellant was admitted to SMS Hospital, Jaipur, and had to be operated. The injured remained out of work for 8 months. He submitting that on account of disability, the injured had to face difficulties in movement as well as squatting, walking, standing and other allied activities. Hence the compensation deserves to be enhanced. 5. Per contra, learned counsel for the Insurance Company, supported the award of the learned trial court on the ground that the finding of the learned Trial court 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 injured remained to be confined and he was out of work for 8 months. He was earning Rs.4,459/- per month and loss of salary for 8 months, has not been awarded by the trial court. Therefore, in order to compensate the injured adequately, the loss of amount of 3 8 months salary i.e. Rs.4459 x 8 = Rs.35,672/-, is required to be awarded. Therefore, the amount of compensation is enhanced to Rs.70,735/- plus Rs.35,672/- = Rs.1,06,407-. 7. Accordingly, the impugned award is modified and the amount of compensation is enhanced from Rs.70,735/- to Rs.1,06,407/-, with interest at the rate of 6% from the date of appeal i.e. 15.3.2005 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. (Guman Singh)J. Chauhan/-