1 S.B.CIVIL MISC. APPEAL NO.337/2006 (Udai Shankar Vs. Fazloo Rahman and ors.) Date of Judgment : 06-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Shailesh Prakash Sharma,for the appellants. Mr.Rajpal Choudhary for Mr.P.S.Arya, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred by the injured Udai Shankar for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Kota vide judgment dated 27.9.2005 whereby a sum of Rs.90,000/- was awarded to the injured-appellant by way of compensation for 30% disability sustained about the injuries caused in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the right hand of the appellant was badly injured in the accident and he was found to have sustained 30% disability. It is further submitted that no separate amount for mental agony and pain has been awarded while the appellant-injured is of 66 years 2 old and he had to undergo great agony on account of injury sustained. 5. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that no separate amount has been awarded for pain and mental agony and, therefore,sum of Rs.10,000/- deserves to be awarded on this count and appeal deserves to be disposed of accordingly. 7. Accordingly, appeal of the appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellant shall get a sum of Rs.10,000/- by way of additional enhanced compensation from the date of appeal i.e. 2.1.2006, with 6% interest to be paid within 3 three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. (GUMAN SINGH),J. Srawat/- item no.110