1 S.B. CIVIL MISC. APPEAL NO.1735/2005 VINOD V/s HEMRAJ & Ors. DATE OF ORDER :- MAY 7,2008, HON'BLE MR. JUSTICE GUMAN SINGH Shri K.N. Tiwari, for the appellant. Shri R.P. Choudhary, for respondents. 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 Vinod for enhancement of claim against the award dated February 28, 2005 of the learned Motor Accident Claims Tribunal & Addl. Distt. & Sessions Judge (Fast Track) No.3, Jaipur District, Jaipur, in Claim Petition No.831/2004, whereby a sum of Rs.10,000 has been awarded as compensation to the claimant-appellant. 4. Learned counsel for the claimant appellant submitted that injured Vinod was a child of 13 years old and on 2 account of accident, he suffered head injury and had to undergo shock. The injured has to be treated in the hospital for about 8 days. Though he did not sustained any disability but on account of head injury, he remained under traumatic condition for a long time. Hence, the amount of compensation deserves to be enhanced. 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 submissions advanced and on going through the award as well as the record of the case, it is revealed that in order to adequately compensate, the injured child who suffered traumatic shock, the amount deserves to be enhanced to Rs.15,000/- 7. Accordingly, the impugned award is modified and the amount of compensation is enhanced from Rs.10,000/- to Rs.15,000/-, with interest at the rate of 6% from the date of appeal i.e. 2.6.2005 3 and the same shall be payable within three months from the date of this order, failing which, the amount shall entail interest at the rate of 9% p.a. 8. The appeal stands disposed of. (Guman Singh)J. Chauhan/-