JUDGMENT: A.P. Ravani, J. 1. The counsel for the appellant requests that he be permitted to delete respondent no- 1. Permission granted. Respondent no. 1 stands deleted. The counsel for the appellant also requests that the claim of compensation be permitted to be reduced to Rs.2,000/- only. Permission granted, 2. The appellant met with an automobile accident on account of which he received the following injuries : "Right leg, Swelling, deformity. Tenderness and creputus at the lower one third of right leg No, external mark of injury clinically isolated fracture of tibia, lower one third right side : X-ray shows simple undisplaced fracture of lower l/3rd Tibia only." Dr. Vaidya, Orthopaedic Surgeon, who treated the appellant, opined that there was 10% disability of right lower limb. The doctor, however, opined that the disability as far as the functioning of the whole body is concerned, was somewhere near 5%. The appellant filed motor accident claim application no. 128 of 1975 before the Motor accidents claims tribunal I-A, Ahmedabad city, and claimed Rs.35,000/- as compensation for the injury suffered by him. The Tribunal in all awarded Rs.4,913.45 p. on the following counts : Rs. 1. Medicines 278.00 2. Transport 150.45 3. Special Diet 250.00 4. Actual loss of income for about three months 735.00 5. Pain, shock and suffering 2,000.00 6. Personel inconvenience and discomfort for future life 1,900.00. It is against this award that the appellant has filed the present appeal. 3. The Tribunal awarded only Rs.2,000/- on the head of pain, shock and suffering and for loss of amenities of life, personal discomfort and inconvenience. The tribunal also awarded Rs. 1,500/-. On account of personal inconvenience and discomfort which the applicant might experience in his future life. There appears to be clubbing of different heads together. However, the fact remains that the applicant-injured will have to suffer some permanent disability on account of the accident. It is also clear from the record that there was fracture and the appellant had to remain under plaster for a considerable time. In above view of the matter, the amount awarded under the head of pain, shock and suffering appears to be on lower side and the amount under this head should be Rs.4,000/- instead of Rs.2,000/- as awarded by the Tribunal. 4. In above view of the matter, the amount awarded under the head of pain, shock and suffering appears to be on lower side and the amount under this head should be Rs.4,000/- instead of Rs.2,000/- as awarded by the Tribunal. 4. In view of the fact that the counsel for the appellant his reduced the claim to Rs.2,000/- the appeal requires to be allowed fully. In the result, the respondents nos. 2, 3 and 4 namely, Fakirmohmed Peermohmed Shaikh, M/s. New Oriental Carriers and National Insurance Company Ltd. respectively, are held to be jointly and severally liable to pay the compensation i.e. 6,913.45 p. with 6% interest per annum from the date of application till realisation. Thus the award shall stand modified as follows : "The applicant is entitled to receive a total sum of Rs.6,913.45 p. as compensation for the personal injuries caused to him with interest at the rate of 6% per annum from 8-12-1975 till payment and costs upon the claim allowed by the Tribunal. There shall be no order as to costs." 5. In the facts and circumstances of the case, it cannot be said that the accident arose on account of the negligence of the appellant. It may be noted that the vehicle involved in the accident is a truck and the appellant was a cyclist and as held by the tribunal, he was hit from behind. Moreover, the truck driver has not been examined at all. In above view of the matter, cross-objections filed by respondents nos. 2, 3 and 4 are ordered to be dismissed. There shall be no order as to costs. Order accordingly.