1/2 S.B.CIVIL MISC. APPEAL NO.1263/2008 (Rohit vs. M/s Delhi Baroda Road Carriers Pvt. Ltd & ors.) DATE OF ORDER : 3/9/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Deelip Kawadia, for the appellant. Mr.T.R.S.Sodha, for the respondent no.2 This appeal is directed against the award of MACT dated 24/5/2008 deciding Motor Accident Claim Case No.297/2005 (734/2004) for seeking enhancement of compensation of Rs.32,000/- as awarded by the Tribunal. Learned counsel for the appellant-claimant submits that the appellant Rohit aged 06 years had suffered the injury on his leg on 5/3/2004 at 12.30 pm while crossing the road and was hit by the truck No.HR 38 J 6355, which was being driven by driver of the said truck in rash and negligent manner. He submitted that despite the opinion of Government Hopital Doctor Mr.G.L.Dad in Ex.14 giving permanent disability of 13% in right leg of the said claimant and deformity in right foot on account of said accident, the learned Tribunal has awarded only Rs.10000/- towards the non-pecuniary loss and total compensation of Rs.32,000/-, which is inadequate and same deserves to be enhanced. This Court has perused the said medical board examination report as also Ex.15 photograh of said child showing his injured leg. There appears to be a long contracted scar on the right side of the leg as pointed out by the Doctor but there appears to be no shortening of 2/2 the leg nor any such report has been given by the said Doctor. The claimant in question was admittedly only 06 years of age on the date of accident in the year 2004 and was a non-earning member. The Tribunal after considering all the facts and circumstances and evidence on record has awarded total compensation of Rs.32,000/-, which cannot be said to be grossly inadequate. However, since the reason given by the learned Tribunal that there was no permanent disability in page 10 of the judgment appears to be incorrect, therefore, this Court is of the considered opinion that an ad hoc enhancement of Rs.10,000/- in the facts and circumstances of the case would meet the ends of justice. Accordingly, this appeal is disposed of and as directed above, said enhancement of Rs.10,000/- by way of lumpsum without any interest shall be paid by the insurer respondent no.2 – National Insurance Company, Bapu Bazar, Udaipur to the said claimant within a period of three months from today. No order as to costs. (DR.VINEET KOTHARI), J. item no.30 baweja/-