1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Appeal No.1392 of 2001. Roopchand son of Shri Thanwar Mal Sindhi VERSUS Shri Ramkishore son of Shri Bajrang Lal Sain & Others Date of Order :::: 10/11/2009 Hon'ble Mr. Justice Dalip Singh Mr. K.N. Tiwari, Counsel for the Appellant Mr. Deepak Soni, For Mr. Praveen Balwada, Counsel for the Respondents *** By the Court : Heard learned counsel for the parties and perused the record as well as the award passed by the learned Tribunal. This miscellaneous appeal has been preferred by the claimant - Roopchand, who was injured in a road accident, which took place on 03.05.1998 and in which he received the injuries, as mentioned in the injury report (Exhibit P-12). On account of the said accident, the appellant was admitted to the S.M.S. Medical College & Hospital, Jaipur in the Neurosurgery Ward, as would be evident from the admission ticket. The patient was admitted in an unconscious condition 2 and was bleeding from the ears and the nose. He also had injuries on his right parietal region and the left leg and right forearm. As per the case of the appellant, the appellant remained hospitalized, as a result of the aforesaid accident and his right leg was put in plaster, as stated by the appellant before the learned Tribunal in his statement as AW-1. It is also the case of the appellant that the appellant earns his livelihood by pulling rickshaw and as a result of being injured, he was unable to carry out his daily job of running the rickshaw and now he is not in a position to ply the rickshaw. The age of the injured appellant at the time of accident was about 70-years. The submission of the learned counsel for the appellant is that the appellant has been awarded in all a sum of Rs.15,000/- without taking into consideration the relevant factor with regard to the loss of earnings, hospital expenses for the treatment etc., and future prospectus. On the other-hand the learned counsel for the respondents has contended that while it may be that the appellant received the injuries, as mentioned in the injury report (Exhibit-12), but there is no evidence to suggest that there was any fracture on account of which the appellant has been unable to carry out his daily routine job and is unable to earn his livelihood for the future. 3 I have considered the rival contentions of the learned counsel for the parties. From the evidence on record, it is established that as a result of the accident and the injuries received therein the appellant was admitted to the S.M.S. Medical College & Hospital, Jaipur in the Neurosurgery Ward and received treatment there. At the time of admission, the appellant was in an unconscious condition and the blood was oozing from his nose as well as ears. The patient was advised to undertake CT-Scan and was lucky to survive, as he received treatment in time. The learned Tribunal, in my opinion, has erred in giving an arbitrarily amount of Rs.15000/- only, in the facts and circumstances of the case. I am of the view that looking to the totality of the circumstances and taking into account the fact that the treatment of the appellant continued from the date of accident i..e. on 03.05.1998 till June, 1998 for over a month, as would be evident from the bills and the receipts (Exhibit 41 and Exhibit-42), which are dated 16.06.1998. It can safely be presumed that the appellant was not in a condition to carry out his daily job and make an earning for himself for the period of over a month and half. The learned Tribunal has also not awarded anything 4 separately, so far as the medical expenses are concerned. Taking the totality of the facts and circumstances of the present case, I am inclined to allow this miscellaneous appeal and enhance the award of compensation in the sum of Rs.30,000/-. The appellant has also been paid an amount of Rs.15,000/- under this heading. In the facts and circumstances of the present case, the appellant would be entitled to receive an additional compensation of Rs.15,000/- with interest @ 6% per annum with effect from the date of filing of this appeal i..e 11.09.2001 till the date of its realization. This amount shall be paid by means of demand draft in favour of the claimant-appellant before the learned Tribunal. The miscellaneous appeal stands allowed to the extent as aforesaid. There will be no order as to costs. (Dalip Singh), J. ashok/