{ 1 } IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL MISC. APPEAL NO.2384/2007 MUKESH Vs. ASHA RAM & ANR. Date of order : 15.3.2010 HON'BLE MR.JUSTICE A.M.SAPRE Mr. R.K.Mehta, for the appellant. Mr. Jagdish Vyas, for the respondent. Claimant is in appeal under Section 173 of the Motor Vehicles Act against an award, dated 26.7.2007, passed by learned Additional Member, Motor Accident Claims Tribunal, Jodhpur in Claim Case No.484/2004. By impugned award, the learned Member of Claims Tribunal has awarded a total compensation of Rs.1,67,000- together with interest at the rate of 7.5% per annum from the date of claim petition till realization for the injuries sustained by the claimant. According to claimant, the compensation awarded by the Tribunal is on lower side and hence, need to be enhanced so as to make it reasonable, adequate, proper and in conformity with the provisions of Motor Vehicles Act. It is essentially for this reason, the claimant has filed this appeal claiming enhancement in the compensation. So the short question that arises for consideration in this appeal is, whether any case for enhancement in the compensation awarded by the Tribunal is made out and if so, to what extent? 2. In view of short controversy involved in the appeal, it is really not necessary to take note of the facts in detail except those which are necessary. It is also for the reason that findings in relation to nature of accident, how it occurred, who was { 2 } responsible for causing injury, liability, etc. are decided in favour of claimant by the Tribunal. In the absence of any challenge to these findings by the respondents, by not filing any cross appeal or cross objection, these findings have become final. 3. This is a case of injury suffered by claimant Mukesh, aged 20 years, an employee in hotel while traveling in Bus suffered injuries, on 18.5.2000 when he fell down from the Bus. The bus was owned by respondent no.1, driven by respondent no.1 and insured with respondent no.3. The Claims Tribunal on appreciating the entire evidence adduced by the claimant awarded a total compensation of Rs.1,67,000/- towards the injuries sustained by him, expenses incurred, disability occurred and lastly for pain and suffering. It is this determination, which is impugned by the claimant, being on lower side hence, this appeal for enhancement. 4. Heard Shri Mehta, learned counsel for the appellant and Shri Jagdish Vyas learned counsel for respondent Insurance Company. 5. Having heard learned counsel for the parties and having perused record of the case, I am inclined to allow the appeal in part as indicated infra. 6. I have gone through the evidence adduced by the claimant on the issue of injury sustained by him. In my opinion, taking into consideration the nature of injury, the extent of damage caused as a result of injuries i.e. fracture in right hand, disability occurred in the body of appellant (claimant) as a result of which he claims to be not as fit as he was prior to accident in his day to day work, resulting in reducing his capacity to some extent to { 3 } work, the expenditure incurred in receiving medical treatment in actual, the loss and mental pain / suffering suffered by claimant due to his involvement in accident and percentage disability occurred, I consider it proper to enhance in lump sum the compensation from Rs.1,67,000/- to Rs.2,00,000/- . In other words, in my view, the claimant is held entitled for a total sum of Rs.2,00,000/- by way of compensation for the injuries sustained by him. 7. The compensation awarded to the claimant is a just, reasonable and proper looking to the facts and circumstances of the case and taking into account the law laid down by the Supreme Court in these types of cases in relation to several heads taken note of supra with reference to evidence brought on record by the parties. Indeed in such cases, no fixed and any static formula as such is provided for determining the compensation and the same is required to be determined on the basis of totality of evidence adduced and the relevant factors which are required to be taken into consideration as mentioned supra. It is on this basis, the courts have to work out award of reasonable compensation to the claimant for the injuries sustained. 8. Learned counsel for the appellant cited some authorities for claiming enhancement. I have gone through these authorities. In my opinion and as observed supra, every case depends upon facts of each case and one can rely upon such cases for awarding compensation. Indeed taking into consideration these authorities and then applying the law so laid down in these cases and then applying the law to the facts of this case, I have arrived at the figure of enhanced compensation mentioned supra though in lump sum. { 4 } 9. In this view of the matter, the appeal succeeds and is allowed in part. Impugned award is modified to the extent indicated above in favour of appellant (claimant). The enhanced sum mentioned in para 6 will carry interest at the rate of 6% p.a. from the date of application till realization. All other findings are upheld being not under challenge. Counsel fees Rs.500/-, if certified. (A.M.SAPRE ),J. /tarun/