1 S.B. CIVIL MISC. APPEAL NO.1124/2004 SHAHJADI V/s BHAIRU LAL & Ors. DATE OF ORDER :- MAY 7,2008, HON'BLE MR. JUSTICE GUMAN SINGH Shri Sandeep Mathur, for the appellant. Smt. Archana Mantri, for New India Assurance Company Ltd. 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 Shahjadi for enhancement of claim against the award dated March 18, 2004, of the learned Additional District Judge (Fast Track No.2), Tonk - (Motor Accident Claims Tribunal, Tonk), in Claim Petition No. 171/2004, whereby a sum of Rs.30,000 has been awarded as compensation to the claimant-appellant. 4. Learned counsel for the claimant appellant submitted that the injured is 19 years old lady and she has sustained 2 fracture of left parietal bone and clavicle bone and thereby she has sustained 5% disability. Learned counsel further submits that on account of head injury, she had suffered partial traumatic facial paralysis and she was also referred to additional disability on account of the impairment caused to left ear for she did not get herself examined for additional disability. Learned counsel submits that the compensation awarded is on lower side. 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 the injured has though sustained 5% disability but on account of the fractures of left parietal region, she has to suffer partial traumatic facial paralysis and had to consult the ENT specialist. Looking to the age and 3 totality of the facts and circumstances of the case, the amount deserves to be enhanced from Rs.30,000/- to 50,000/-. 7. Accordingly, the impugned award is modified and the amount of compensation is enhanced from Rs.30,000/- to Rs.50,000/-, with interest at the rate of 6% from the date of appeal i.e. 5.7.2004 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/-