1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Misc. Appeal No.2140/2008 {Vijay Versus Bhagwan Sahay & Others} Date of Order :: 5th November, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Kapil Sharma for the appellant Mr. Amarnath Pareek for the respondents BY THE COURT: Admit. Mr. Amarnath Pareek appears for the contesting respondents. 2. Heard learned counsel for the parties. 3. The injured has preferred this appeal for enhancement of the amount of compensation against impugned award dated 17th December, 2007, whereby the learned Tribunal has awarded total compensation of Rs. 9,000/- in his favour in respect of injuries sustained by him in an accident took place on 13th March, 2007 arising out of use of motor vehicle. 4. The only contention of learned counsel for the appellant is that learned Tribunal committed an illegality in awarding Rs. 5,000/- in respect of one fracture only, whereas in fact there were three fractures arising out of injury no. 1. He contended that as per Ex. P-6 2 injury report appellant sustained three injuries, out of which injury no. 2 and 3 were found to be simple in nature as per x-ray report Ex. 5, but so far as injury no. 1 is concerned, it is clear that there were fractures of IInd, IIIrd, and IVth Metacarpal bone of Right foot. He, therefore, contended that in fact three fractures ought to have been counted in place of one fracture for the purpose of awarding the compensation in respect of injury no. 1 and total amount of Rs. 15,000/- ought to have been awarded in place of Rs. 5,000/-. 5. The learned counsel for the respondents does not dispute that appellant sustained three fractures, which is clear from Ex. 5 x-ray report, therefore, he did not seriously opposed the contention of learned counsel for the appellant. 6. I have considered the submissions of learned counsel for the parties and examined the impugned award and also the record of the Tribunal. While considering the issue no.2 relating to quantum of compensation, the learned Tribunal awarded Rs. 5,000/- towards one fracture and Rs. 4,000/- under different heads as per details mentioned at page no.5 of 3 the certified copy of the impugned award. From Ex. 5 X-ray report, it is clear that there were three fractures arising out of one injury, therefore, I am of the view that learned Tribunal committed an illegality in awarding only Rs. 5,000/- in place of Rs. 15,000/-, as contended by learned counsel for the appellant. The impugned award of the Tribunal, to that extent, is liable to be modified. 7. Consequently, the appeal is allowed. The impugned award passed by the learned Tribunal is modified and amount of compensation of Rs. 9,000/- is enhanced to Rs. 19,000/-. The respondents are directed to make the payment of enhanced amount of Rs. 10,000/- to the appellant. This enhanced amount shall also carry interest @ 6% per annum from the date of claim application i.e. 12th July, 2007 till the date of realization. No order as to costs. (NARENDRA KUMAR JAIN),J. DK