IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL No.1737/2005 arising out of Claim N0.1830/01 RAMESH V/s SATYA NARAIN & OTHERS. DATE OF JUDGMENT ::::: MAY 05, 2008 PRESENT HON'BLE MR. JUSTICE GUMAN SINGH Shri Sandeep Mathur, for appellant. Shri Sandeep Jain, for respondents. Shri D.S. Rathore, for United India Insurance Copany Limited. BY THE COURT : (Oral) This appeal has come up for admission. Both the parties agreed to dispose of the case at admission stage. 2. Heard. 3. This appeal u/s 173 of the Motor Vehicles Act, 1988 (for short “the Act”) has been preferred by the appellants for enhancement of compensation against the award dated March 19, 2005 passed by the learned Judge, Motor Accident Claims Tribunal, Tonk, (for short “the Tribunal) whereby a sum of Rs.15,250/- was awarded by the learned Tribunal. 4. On March 23, 2000 around 7.30 P.M., deceased and injured were going in tractor RJ-08 R 3332. The tractor was dashed by truck RJ-06 G 0856. The offending truck was being driven by respondent Satyanarain. In the accident Parma Ram, Mahendra, Jagdish, Mst. Bhoori, Mst. Dholi, Mst. Gulab and Mst. Gheesi died and Sanjay @ Santu, Ramratan, Chhotu Lal, Mst. Bhoori, Ramesh, Bajrang Lal, Mst. Kajodi, Raju Lal, Ramkaran, Bhanwar Lal S/o Chhotu Keer and Bhanwar Lal S/o Ramdeo Raigor received serious and simple injuries. 5. Learned counsel for the appellant submits that injured Ramesh sustained nine simple injuries with one fracture in third finger of left hand resulting 3% permanent disability. Learned counsel for the appellant/claimant further submits that the learned Tribunal has erred in awarding the compensation without considering the various factors based on concept of pecuniary and non-pecuniary damages as delineated by the Hon'ble Supreme Court in R.D. Hattangadi v/s Pest Control (India) Pvt. Ltd. and others (1995 ACJ 366. Leaned counsel submits that in view of the disability found, the amount of compensation awarded is inadequate and deserves to be enhanced. 6. Per contra, Shri D.S. Rathore learned counsel for the United India Insurance Company Limited and Shri Sandeep Jain, learned counsel for the respondents, supported the award of the learned Tribunal on the ground that the Tribunal has considered all the aspects of the matter and after recording evidence of both the sides during enquiry, rightly arrived at the conclusion and calls for no interference. 7. In view of the rival contentions and on perusal of the award, the relevant record as well as the fact that 3% disability was found to the injured. The amount of compensation awarded, deserves to be enhanced from Rs.15,250/- to Rs.26,250/- from the date of filing of appeal i.e. 31.5.2005. Accordingly, while maintaining the terms of award upto the date of filing appeal, the amount of the award is enhanced to Rs.26,250/- with interest @ 6% p.a. from the date of appeal with the condition that failure to make payment under the award within a period of three months from this order shall entail interest @ 9% p.a. from the date of appeal i.e. 31.5.2005. 8. The award stands modified and appeal stands disposed of accordingly. (Guman Singh), J. chauhan/