1 S.B. CIVIL MISC. APPEAL NO.2122/2005 HEMRAJ V/s MEGHRAJ ALIAS MENGHRAJ & Ors. DATE OF ORDER :- MAY 12, 2008 HON'BLE MR. JUSTICE GUMAN SINGH Shri Sandeep Mathur, for the appellant. Shri Ram Singh Bhati, for Oriental Insurance Company Limited 1. The case has come up for admission. Both the parties agree to dispose of the case at admission stage. 2. Heard learned counsel for the parties and perused the entire record of the miscellaneous appeal. 3. This civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed on behalf of Hemraj a child of 9 years old through his natural guardian, for enhancement of claim against the award dated April 29, 2005, of the learned Motor Accident Claims Tribunal, Tonk, in Claim Petition No.2579/01, whereby a sum of Rs.34,000 has been awarded by way of compensation to the claimant-appellant. 4. Learned counsel for the claimant appellant submitted that at the time of accident, the injured child was 9 years of age and on account of the accident, the 2 child sustained 9% permanent disability on account of fracture in left elbow and on parietal bone. Leaned counsel further submitted that the learned Tribunal has awarded Rs.12,000/- for injuries sustained, Rs.5,000/- for medicine, Rs.2,000/- for nutrition and transport and Rs.15,000/- for 9% permanent disability. Learned counsel submitted that the amount of award is on lower side. 5. Per contra, learned counsel for the Insurance Company, supported the award of the learned Tribunal on the ground that the finding of the learned Tribunal is correct and based on evidence and the record and as such this is not a case for interference by this Court. 6. In view of the submissions advanced and on going through the award as well as the record of the case, it is revealed that the amount of award seems to be on lower side and it deserves to enhanced. The ends of justice would be met if the award is enhanced to R.50,000/- 7. Accordingly, while maintaining the terms of award upto the date of filing appeal, the amount of the award is enhanced from Rs.34,000/- to Rs.50,000/- 3 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. 30.7.2005. 8. The award stand modified and the appeal stands disposed of accordingly. (Guman Singh)J. Chauhan/-