1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL MISC. APPEAL NO.325/04 Jitu Sharma vs. Munawar Khan & Ors. Date of order : 29/4/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Shobhit Tiwari for the appellant. Shri M.S. Kachawa for the respondent. ****** Heard learned counsel for the parties. This appeal has been filed at the instance of the injured Jitu Sharma dissatisfied with the quantum of compensation of Rs.40,000/- awarded to him with the prayer that it be suitably enhanced. Shri Shobhit Tiwari, learned counsel for the appellant while referring to para 13 of the award has argued that no amount has been awarded for permanent disability of 3% sustained by the appellant at a time when his age was 8 years. It was argued that the appellant sustained multiple injuries on clavicle bone, hip bone, chest and shoulder and that ultimately two fractures were found. The Tribunal has awarded no amount 2 for the fractures inasmuch as it has awarded a sum of Rs.35,000 only for the pain and mental agony. Learned counsel argued that for nutritious diet also the Tribunal awarded an amount of Rs.5,000/-, which is inadequate. It was therefore prayed that this Court may suitable enhance the compensation awarded. Shri M.S. Kachawa, learned counsel for the respondent opposed the appeal and submitted that appellant was only 8 years old at the time of accident and that the appellant sustained only 3% permanent disability. Taking that into consideration, the learned Tribunal has awarded Rs.35,000/- as compensation for the extent of disability suffered as also for the pain and mental agony. Additionally, it has awarded a sum of Rs.5,000/- for nutritious died etc. It is argued that the Tribunal has awarded sufficient amount of compensation, therefore, there is no case for interference. Having heard the learned counsel for the appellant and perused the impugned award, I 3 find that in para 13 of the award, the Tribunal has made discussion that keeping in view the nature and extent of injuries and the pain and mental agony suffered by the injured, owing to those injuries, a sum of Rs.35,000/- is considered appropriate for being awarded as compensation. Reading of para 13, thus makes it appear that the amount of Rs.35,000/- was awarded for both disability as also for the pain and mental agony. I am therefore not inclined to accept the argument of the learned counsel for the appellant that no amount has been awarded for pain and disablement suffered, but at the same time, I am inclined to hold that for two fractures suffered by the appellant, he ought to have been separately awarded at least Rs.5,000/- for each of them taking them to be grievous in nature as per Second Schedule of the Motor Vehicles Act, 1988. The appellant is therefore held entitled to a further compensation of Rs.10,000/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition to the extent of enhanced amount. 4 The appeal is accordingly allowed in part. (MOHAMMAD RAFIQ), J. RS/