1 S.B. CIVIL MISC. APPEAL NO.324/2005 RAJENDRA PRASAD SHARMA V/s RADHAKISHAN GULBANI & Anr. DATE OF ORDER :- MAY 12, 2008 HON'BLE MR. JUSTICE GUMAN SINGH Shri Ashish Sharma, for the appellant. Shri Tej Prakash Sharma, 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 Rajendra Prasad Sharma, for enhancement of claim against the award dated October 01, 2004, of the learned Motor Accident Claims Tribunal and Addl. District & Sessions Judge No.8, Jaipur City, Jaipur in Claim Petition No.71/2004, whereby a sum of Rs.60,658/- has been awarded by way of compensation to the claimant-appellant. 4. Learned counsel for the claimant appellant submitted that the injured 2 sustained injuries in the accident whereby he sustained fracture on left iliac bone and thereby sustained 13.28% permanent disability. Learned counsel for the appellant submitted that on account of disability, the injured has to face difficulties in squatting and other allied physical activities for whole of life. He submitted that the learned Tribunal has failed to award the adequate compensation under various heads. 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 arguments advanced, on perusal of the award as well as record of the case, it is revealed that the amount of compensation awarded by the learned Tribunal appears to be on lower side and the same deserves to be enhanced by Rs.15,000/- that is to say Rs.75,600/-. 7. Accordingly, while maintaining the terms of award upto the date of filing 3 appeal, the amount of the award is enhanced from Rs.60,658/- to Rs.75,600/- 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. 13.1.2005. 8. The award stand modified and the appeal stands disposed of accordingly. (Guman Singh)J. Chauhan/-