SBCMA No.14/2008 Naina RamVs. Udai Singh & Ors. 1 SBCMA No.14/2008 Naina RamVs. Udai Singh & Ors. DATE OF ORDER : - 18.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.LK Purohit, for the petitioner. Mr.Sunil A Vyas ] Mr.Sandeep Saruparia ], for the respondents. <><><> Heard learned counsel for the parties. The appellant's grievance is only that the Motor Accident Claims Tribunal in award dated 27th Sept., 2007 has not looked into the injury report submitted by the claimant alongwith the claim petition evidencing that appellant victim remained in hospital in unconscious condition from 21.8.2003 to 9.9.2003. The appellant produced the discharged ticket issued by Neurosurgery Unit of Mathurdas Mathur Hospital, which is the unit of the Medical College, Jodhpur. Learned counsel for the respondent submitted that said doctors opinion was not accepted by the tribunal in view of the fact that said document was not exhibited by SBCMA No.14/2008 Naina RamVs. Udai Singh & Ors. 2 the claimant. I considered the submissions of learned counsel for the parties and perused the record. It appears that bulky record obtained by the claimant from the proceedings under the criminal case have been submitted before the tribunal and out of which some of the documents remained un-exhibited. Looking to the nature of the document, its truthfulness cannot be denied. Claimant came with the positive case that he suffered injury on the head and he remained unconscious and this fact has been proved by evidence. Therefore, the tribunal should have awarded compensation to the claimant-appellant of his remaining in hospital from 21.8.2003 to 9.9.2003. Looking to the age of the victim, he has not suffered any loss of income as he was of the age of 11 years only. Therefore, a lump sum amount of Rs.11,000/- is awarded to the claimant for his suffering in the accident and for remaining hospitalized for the period from 21.8.2003 to 9.9.2003. Therefore, the claim amount is enhanced by Rs.11,000/-. The claimant shall be entitled to interest @ 7.5% as SBCMA No.14/2008 Naina RamVs. Udai Singh & Ors. 3 awarded by the tribunal and it shall carry from 3.1.2004, the date from which the tribunal has awarded the interest on other counts. Accordingly, the appeal of the appellant is allowed. (PRAKASH TATIA), J. c.p.goyal/-