In the High Court of Uttaranchal, at Nainital. A.O. No. 342/2004 Km. Bhavna Bhatt D/o Yatish Chand Bhatt R/o Pankaj Kutir, Gola Head, Kathgodam (Nainital) through Yatish Bhatt … Appellant. Versus 1- National Insurance Co. Through Divisional Manager, Canal Road, Haldwani (Nainital) 2- Neeraj Lal Sah S/o Dinesh Lal Sah R/o Near Check Post, Ranibagh District Nainital .…Respondents. Mr. Z.U. Siddiqui, learned counsel for the appellant. Sri Lalit Belwal, learned counsel for the Insurance Co. Hon’ble P.C. Verma, J. Hon’ble B.C. Kandpal, J. Dated: 26.06.2006. This appeal U/S 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 13-8-2004, passed by MACT/District Judge, Nainital, (hereinafter referred as the ‘Tribunal’) in MACP No. 175/2003 Km. Bhawni Bhatt vs. National Insurance Company and another, awarding a sum of Rs. 56,000/- as compensation along with interest @ 9% per annum from the date of presentation of claim petition till the final payment payable by National Insurance Company. 2- The facts of the case that on 24-8-2003 at about 11 A.M. Km. Bhavna Bhatt went to market to purchase sharpner and when she reached near Kalsia Bridge, suddenly Maruti Van bearing registrate No. U.P. 02-D/0003 came there from Ranibagh side rashly and negligently and crushed her foot. The injured was carried to Krishna Hospital, Haldwani, where she was operated for her foot injury. There was compound fracture on the third and fourth finger of her foot. It was also alleged that due to injuries the claimant cannot perform her work in normal way. The claimant claimed Rs. 5,00,000/- as compensation. 3- The O.P./insurer of the Maruti Van U.P.02-D/ 0003 filed W.S. alleging therein that the driver of the offending Maruti Van was driving it cautiously. Exorbitant amount of compensation has been claimed. 4- The O.P./owner of the Maruti Van U.P. 02- D/0003 filed his W.S. before the Tribunal alleging therein that the accident did not occur due to the negligence of the vehicle but the injured/claimant herself was negligent. It was also alleged that the offending Maruti Van at the time of the accident was insured with National Insurance Company and the liability of compensation is on the Insurance Company. 5- The Tribunal on the basis of pleadings of parties, framed relevant issues. On behalf of the claimant, the injured/claimant Km. Bhavna was produced as P.W.1 Satish Chandra Bhatt as P.W.2 and also filed certain documents relating to the purchase of medicines. The O.Ps. also brought on record the copies of insurance policy, driving licence etc. 6- The Tribunal on assessment of material on record awarded Rs. 56,000/- along with interest @ 9% per annum from the date of presentation of the claimant petition, till the actual date of payment, as compensation against the National Insurance Company. 7- Being dissatisfied with the award the claimant has filed this appeal for enhancement of compensation. 8- We have heard learned counsel for the parties and perused the record. 9- Learned counsel for the appellant has argued that the finding recorded by the Tribunal on the question of compensation is grossly erroneous and inadequate as the Tribunal has not applied the correct principle of law in calculating the amount of compensation. It has further been submitted that the Tribunal has also not appropriately awarded the amount of compensation under different heads. 10- The evidence on record reveal that the claimant has not filed any disability certificate which may indicate that the injured has actually suffered any kind of permanent disability on account of the injuries sustained by her. The claimant has produced the documents before the Tribunal pertaining to the purchase of medicines as well as other medical reports. The bills filed by the claimant show that a sum of Rs. 26000/- has been spent on her medical treatment. The Tribunal has thus awarded an amount of Rs. 26,000/- to the claimant under the head of medical expenses and we are of the view that the Tribunal has not committed any error in this regard. 11- However the evidence reveal that there was a tender cut in skin and muscle loss also. The injured was admitted in Krishna Hospital, Haldwani for few days for her treatment. The claimant has stated in the claim petition that there is a deformity in the leg of the injured but no cogent and reliable medical evidence has been produced to establish as to whether this deformity is permant in nature or not. However keeping in view the x- ray report paper No. 24-C/2 indicating that there is some deformity in the fingers of the left leg of the injured, an amount of Rs. 35,000/- would be just and adequate to award in favour of the claimant for suffering the deformity in her left leg. The finding recorded by the Tribunal awarding the claimant an amount of Rs. 20,000/- is to be modified and instead of the amount awarded by the Tribunal, a sum of Rs. 35,000/- would be just and proper. 12- As far as the additional amount awarded by the Tribunal for pain and mental agony is concerned, we do not find any ground for interfering in the same. 13- We thus come to the conclusion that the appeal is liable to be partly allowed and a sum of Rs. 26000/+ 35000/+10000/ = 71,000/- should be awarded in favour of the claimant instead of a sum of Rs. 56,000/- as has been awarded by the Tribunal vide impugned judgment and award dated 17-8-2004. 14- As far as the rate of interest indicated in the impugned judgment and award is concerned, the same is not liable to be interfered with. 15- Accordingly the appeal is liable to be modified the extent that the claimant/appellant is entitled to get a sum of Rs. 71,000/- as compensation instead of Rs. 56,000/-. 16- The appeal is partly allowed and the impugned judgment and award dated 13-8-2004 passed by MACT/District Judge, Nainital in MACP No. 175/2003 is modified to the extent that the claimant/appellant is entitled to get a sum of Rs. 71,000/- as compensation instead of Rs. 56,000/- as awarded by the Tribunal. No order as to costs. (B.C. Kandpal, J.) ( P.C. Verma, J.) ISB