JUDGMENT This is an appeal u/s 110-B of the Motor Vehicles Act, 1939 (Act in short) for enhancement of amount of compensation awarded to the appellant who is an Assistant Surgeon and was posted during the relevant period in Primary Health Centre, Kareli, Distt. Narsinghpur. After hearing the learned counsel for the parties to the appeal and also after giving thoughtful consideration regarding the amount awarded to the appellant, we are of the opinion that the appeal deserves to be partially allowed and the amount of compensation awarded to the appellant deserves to be enhanced on the following scorese:-- (1) Only Rs. 3,750/- have been awarded for pain and sufferings of the claimant who had sustained a chip fracture of post end of Rt. Talus with evulsion of ligament. In our opinion, Rs. 5,000/- should be awarded on this score i.e. for pain and sufferings of the claimant. (2) Only Rs. 1,000/- have been awarded by the Tribunal for loss of future amenities in life. Looking to the nature of injuries sustained by the appellant, and alleged permanent disability incurred by him, we are of the opinion that Rs.5,000/- should be awarded to the claimant on this score. (3) Since the appellant/claimant was required to consult the doctor at Jabalpur and was required to come from Narsinghpur, it would be reasonable to infer that he had to incur expenditure in coming to Jabalpur. On this score, he must be awarded Rs. 3,000/- for incurring expenditure for his visits to Jabalpur for consultation of the expert. (4) Looking to the injuries susk1ined by the appellant and his inability to practice as a Medical Practitioner, an amount of Rs. 5,400/- appears to be adequate amount of compensation for loss of earnings suffered by him. This amount relates to the said loss from the date of the accident upto the date of the application. Regarding the remaining scores, compensation claimed by the claimant, we are not convinced that the claimant is entitled to receive any amount on any other score. Consequently, the Award is modified. The amount awarded to the claimant is enhanced by Rs. 13,650/-. On this amount of Rs. 13,650/- an interest would be payable to the appellant/claimant at the rate of 12% per annum from the date of the claim-petition till the amount is paid.
Consequently, the Award is modified. The amount awarded to the claimant is enhanced by Rs. 13,650/-. On this amount of Rs. 13,650/- an interest would be payable to the appellant/claimant at the rate of 12% per annum from the date of the claim-petition till the amount is paid. It may be made clear that the amount already awarded has not been included in the enhanced amount being made by this Court. If the amount of Rs. 4,750/- awarded under the Award has not so far been deposited in the Claims Tribunal, on that amount also, an interest at the rate of 12% per annum shall be payable from the date of the application till the amount is deposited in the Claims Tribunal. Parties in the present appeal shall bear their own costs.