CHANDRAKANTARAJ, J. ( 1 ) THIS is a claimant's appeal against the award made by the motor accidents claims tribunal, chitradurga in mvc 332/86. The award is dated 8th december, 1989. ( 2 ) WHEN the appellant-petitioner was travelling on 22-12-1985 from chitradurga to hiriyur in lorry bearing registration mark mtt 6161 along with 10 bags of ragi for sale, the said lorry, while crossing the bridge at pallavanahalli, collided with another lorry bearing registration mark tmm 3199. As a result of that accident, he suffered injuries to his shoulder and left ribs. His wounds required suitures and his shoulder was in plaster. He was taken to the district hospital, chitradurga, where he was inpatient for one month. He spent Rs. 5,000/- for his treatment. He claimed that the accident was due to the rash and negligent driving of the lorry bearing registration mark tmm 3199. He, therefore, claimed a sum of Rs. 50,000/- as damages for pain, suffering and injuries. ( 3 ) THE medical evidence established that he was admitted on 22-12-1985 and was referred to p. w. 2 Dr. Shankarappa on 24-12-1985 for treatment of injuries on his left shoulder and chest. X-ray of the left shoulder and chest were taken. They showed fracture of acromial process of left scapula and fracture of 4th rib on the left side. He was treated and he was advised to come for follow up treatment as an out patient. In other words, he clearly established that he was in the hospital for a period of one month. Subsequently, the doctor found there was mild limitation of left shoulder. He was examined on 2-12-1988 i. e. nearly 3 years after the occurrence of the accident. He found there was stiffness in the left shoulder. Further examination revealed that there was some limitation in the movement of the left shoulder. He estimated the disability on that account to be about 5 per cent. ( 4 ) CONSIDERING such evidence, the tribunal has awarded a sum of Rs. 3,000/- for injury No. 6 and a sum of Rs. 3,000/- for remaining injuries. Having regard to the nature of the injuries sustained by the petitioner and the treatment taken by him, tribunal came to the conclusion it was reasonable to award Rs. 8,000/- for pain and suffering and Rs. 2,000/- for medical treatment and Rs. 2,000/- for loss of earning and loss of amenities.
3,000/- for remaining injuries. Having regard to the nature of the injuries sustained by the petitioner and the treatment taken by him, tribunal came to the conclusion it was reasonable to award Rs. 8,000/- for pain and suffering and Rs. 2,000/- for medical treatment and Rs. 2,000/- for loss of earning and loss of amenities. Total sum of Rs. 12,000/- was awarded with 9% interest per annum from date of petition to date of realisation. The third respondent, the insurer was called upon to bear the entire liability. ( 5 ) BEFORE us, it is contended that the amount of compensation awarded was very low. But, when there was no evidence besides the doctor's which established that the fracture of the rib and the fracture of the scapula was such that the petitioner had suffered no serious infirmity and therefore, was not unable to carry on agricultural operations. The only other evidence was his own testimony that he could not carry on agricultural operations as he was doing before. ( 6 ) ON such evidence, it is not possible to give any higher award than what the tribunal has given taking into consideration the disability at 5 per cent. We do not think there are good grounds for further enhancing the award made. ( 7 ) THE appeal is therefore dismissed. appeal dismissed. --- *** --- .