Summarize the following court judgment. ivil Appeal No. 1188 of 1977. From the Judgment and Order dated 7.12.1976 of the Allahabad 3 High Court in F.A.O. No. 444 of 1975. AND Special Leave Petition (C) No. 5344 of 1977. From the Judgment and Order dated 7.12.1976 of the Allahabad High Court in F.A. (F.O.) No. 458 of 1975. Praveen Swarup	 Pramod Swarup	 B.D. Sharma	 Smt. Sushma Suri	 and Jitender Sharma for the appearing parties. The Judgment of the Court was delivered by PUNCHHI	 J. This appeal and special leave petition are cross cases in nature and are directed against the judgment and order dated December 7	 1976 passed by a Division Bench of the High Court of Allahabad At Allahabad in F.A.O. No. 444 of 1976. The facts established before the Motor Accident Claims Tribunal	 Bulandshahr and re oriented before the High Court were that Randhir Singh while driving a tempo on October 10	 1972 on a road leading from Bulandshahr to Sikandrabad was hit head on by a speeded truck owned by Ramesh Chandra	 as a result of which his tempo was thrown into a nearby ditch whereby he sustained injuries on both his legs and his several bones were fractured as well. This was followed by lodging of a report at Police Station	 Sikandrabad and putting the injured at District Hospital	 Bulandshahr where from he was removed to Safdarjung Hospital	 New Delhi for final treatment. The permanent result was that a part of the right foot of Randhir Singh had to be amputated as his toes had become gangrenous. Randhir Singh moved the Motor Accident Claims Tribunal	 Bulandshahr seeking damages to the tune of Rs.1 lakh. The contestants being Ramesh Chandra the owner of the truck	 its driver and the Insurance Company took various defences to negative the claim. The matter was focussed by the issues framed. The Tribunal by an elaborate and well reasoned order fixed negligence on the truck driver and held the injured entitled to compensation. In the measurement thereof the Tribunal took note of the age of the claimant to be 22 years and his expected income as a driver of a motor vehicle at a minimum rate of Rs.300 p.m.	 expected to be earned for at least 22 years in the coming. The figure thus arrived was at Rs.79	200 and that 4 being lumpsum payment determined a sum of Rs.55	000 to be adequate compensation for the permanent disability suffered by the claimant. Besides the Tribunal granted Rs.3	000 on account of expenses of treatment. Under the head of general damages for pain	 suffering and loss of enjoyment of life the Tribunal awarded a sum of Rs.20	000 as compensation. Thus a total award of Rs.78	000 was made in favour of the claimant. Rs.50	000 was ordered to be paid by the Insurance Company as its liability was found to be limited to that extent. The remaining Rs.28	000 was ordered to be paid by the owner. The claimant also got 3/4th of his costs. Three separate appeals were filed before the High Court; one by the dissatisfied claimant; the second by the ag grieved truck owner and the third by the aggrieved Insurance Company. The High Court dealt with the matter in equal elaboration. It affirmed the view of the Tribunal in grant ing compensation under the three heads aforementioned. However	 the award was improved to the extent that the claimant also got interest at the rate of 6 per cent per annum on the amount of compensation from 11.11.1972	 the date on which the claim petition was filed upto the date of the payment thereof; subject of course to suitable adjust ments in the event of any payment having already been made to the claimant. In Civil Appeal No. 1188 of 1977	 preferred by the owner of the truck	 leave was granted limited to grounds II & XIX of the Special Leave Petition. In Ground No. II the question raised was that when the claimant had not claimed interest in the application	 and the Tribunal had not awarded any	 the High Court was in error in granting interest under Section 110 CC of the where the power of the Court of the Tribunal was discretionary. In Ground No. XIX the question raised was that a sum of Rs.20	000 on account of mental agony	 pain and suffering etc. was arbi trarily granted	 and thus ought to have been taken to be covered up by the compensation granted on account of loss of earning. In Special Leave Petition No. 5344 of 1977 the claimant has asked for more compensation	 interest etc on each count. We have heard learned counsel for the parties and have perused the appeal papers	 in particular regard of the limited nature of appeal of the truck owner. Section 110 CC	 as it stood on the date of the accident	 provided that where any Court or Claims Tribunal allows a claim for compensation made under the Act	 such Court or Tribunal may direct that in addition to the amount of compensation simple 5 interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf. The caption of the provision is "Award of interest where any claim is allowed". The question of award of interest is dependent on the claim being al lowed. Should the claim be not allowed	 the question of grant of interest would not arise	 and if awardable	 it is in addition to the amount of compensation. The Court of Tribunal	 in these circumstances	 should determine	 in the first instance	 claim for compensation and in the event of its being allowed can further exercise the discretion to grant simple interest in terms thereof	 but as an additive to the amount of compensation. So the addition of interest to the compensation	 by judicial discretion	 is sequential in the eye of law and no claim in that regard	 in our view	 specifically need be laid in so many words in the claim petition. The grant of interest in our view	 is not depend ent on any pleading in that regard and can even be orally asked if the contingency arises. Thus	 in our view	 there is no substance in Ground No. II of the Special Leave Petition and the attack to the grant of interest is negatived. With regard to Ground No. XIX covering the question that the sum awarded for pain	 suffering and loss of enjoyment of life etc. termed as general damages should be taken to be covered by damages granted for loss of earnings is concerned that too is mis placed and without any basis. The pain and suffering and loss of enjoyment of life which is a resultant and permanent fact occasioned by the nature of injuries received by the claimant and the ordeal he had to undergo. If money be any solace	 the grant of Rs.20	000 to the claim ant represents that solace. Money solace is the answer discovered by the Law of Torts. No substitute has yet been found to replace the element of money. This	 on the face of it appeals to us as a distinct head	 quite apart from the inability to earn livelihood on the basis of incapacity or disability which is quite different. The incapacity or disability to earn a livelihood would have to be viewed not only in presenti but in futuro on reasonable expectancies and taking into account deprival of earnings of a conceiva ble period. : This head being totally different cannot in our view overlap	 the grant of compensation under the head of pain	 suffering and loss of enjoyment of life. One head relates to the impairment of a person 's capacity to earn	 the other relates to the pain and suffering and loss of enjoyment of life by the person himself. For these reasons	 we are of the considered view that the contentions raised by the truck owner appellant in that behalf must be negatived and we hereby negative them. 6 With regard to further enhancement of compensation and further enhancement of interest	 as claimed in the special leave petition by the claimant	 we find in the facts and circumstances of this case	 no scope in that regard. As a result of the afore discussion	 both these matters are without merit and are accordingly dismissed. Parties to bear their own costs. N.P.V. Appeals dis missed.

In a claim for damages for the permanent disability suffered by the claimant	 the Motor Accident Claims Tribunal awarded compensation under different beads	 viz.	 (a) com pensation for permanent disability (b) expenses of treat ment	 and (c) general damages for pain	 suffering and loss of enjoyment of life	 against the Insurance Company and the truck owner. On Separate appeals by the claimant	 truck owner and the Insurance Company	 the High Court	 not only affirmed the award but also improved it by granting interest at 6 per cent per annum on the amount of compensation from the date the claim petition was filed upto the date of payment of compensation. The truck owner filed an appeal	 by special leave	 before this Court on several grounds including that when the claimant had not claimed interest in the application	 and the Tribunal had not awarded any	 the High Court was in error in granting interest under Section 110 CC of the 	 where the power of the Court of the Tribunal was discretionary	 and that the grant of damages on account of mental agony	 pain and suffering etc. was arbitrary and ought to have been taken to be covered by the compensation granted on account of loss of earning. The claimant also filed an appeal	 by special leave praying for more compensa tion	 interest etc. on each account. Dismissing the appeals	 this Court	 2 HELD: 1.1 The question of award of interest is dependent on the claim being allowed. Should the claim be not allowed. the question of grant of interest would not arise. and if awardable	 it is in addition to the amount of compensation. The Court of Tribunal	 in these circumstances	 should deter mine	 in the first instance	 claim for compensation and in the event of its being allowed can further exercise the discretion to grant simple interest in terms thereof	 but as an additive to the amount of compensation. So	 the addition of interest to the compensation	 by judicial discretion	 is sequential in the eye of law and no claim in that regard	 specifically need be laid in so many words in the claim petition. The grant of interest	 is not dependent on any pleading in that regard and can even be orally asked if the contingency arises. [5B D] In these circumstances	 there is no substance in the attack to the grant of interest. [5D] 1.2 The incapacity or disability to earn a livelihood would have to be viewed not only in presenti but in futuro on reasonable expectancies and taking into account deprival of earnings of a conceivable period. This head being totally different cannot overlap the grant of compensation under the head of pain	 suffering and loss of enjoyment of life. One head relates to the impairment of a person 's capacity to earn	 the other relates to the pain and suffering and loss of enjoyment of life by the person himself. [5F G] In the instant case	 the pain and suffering and loss of enjoyment of life is a resultant and permanent fact occa sioned by the nature of injuries received by the claimant and the ordeal he had to undergo. This	 on the face of it is a distinct head	 quite apart from the inability to earn livelihood on the basis of incapacity or disability which is quite different. If money be any solace	 the grant of Rs.20	000 to the claimant represents that solace. Money solace is the answer discovered by the Law of Torts. No substitute has yet been found to replace the element of money. [5E F] 1.3 In the facts and circumstances of this case	 there is no scope for further enhancement of compensation and further enhancement of interest.