1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.2505/2005 (Manik Chand Vs. Mahendra Kumar ) Date of Judgment : 01-04-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Anirudh Singh,for the appellants. Mr.Vikas Goyal, for the respondents. Both the parties agreed for final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, and Special Court (Dacoit Effected Area), Bharatpur vide judgment dated 20.6.2005 whereby a sum of Rs.30,000/- was awarded by way of compensation for the injuries caused in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has 2 failed to award compensation for the injuries resulting into impotency of the injured which has been proved vide Ex.9, certificate issued by SMS Hospital, Jaipur. 5. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that as per Ex.9, certificate issued by SMS Hospital, Jaipur, it is proved that on account of injuries sustained in the accident, injured Manik Chand has sustained injury of pelvis urethra which resulted in stricture urethra with impotency. It requires further management in the form of urethra plasty and penile implants. This shows that impotency has caused to the injured and that can ofcourse be removed by further management through operation but the fact remains that he has 3 been rendered impotent and as submitted by learned counsel for the appellant, injured has not undergone any operation for this purpose on account of financial crisis, therefore, a sum of Rs.15,000/- deserves to be awarded by way of lump sum for the injuries sustained causing impotency. 7. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.15,000/- by way of additional enhanced compensation from the date of appeal i.e. 29.8.05, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.95