JUDGMENT The appellant is an injured who has filed this appeal under section 173 of the Motor Vehicles Act, 1988, for enhancement of compensation of Rs. 13,000/awarded in Claim Case No. 101/90 vide award dated 22.11.1995, passed by First Additional Motor Accident Claims Tribunal, Mudwara (Katni), Jabalpur. It is not in dispute that on 24.4.1985, the appellant was travelling in a truck as "Palledar" (loader) in Truck No. MBJ 3791, driven by driver Laxman, since deceased, owned by respondent No. 2, and insured by respondent No. 3. The said truck overturned, as a result of which one labourer died at the spot and the appellant received severe multiple injuries. The appellant was taken to hospital for treatment of his compound fracture in the right leg. After treatment his fracture resulted in permanent disability, which was assessed by A W 3 Dr. R. Harchandani, to the extent of 65%. A loot at the photographs produced before this Court, shows that the fracture was in the right leg below the knee, and the fractured bone was not rightly set, which is bulging out, and has resulted in shortening of the leg. Shri Ashok Lalwani, the learned counsel for the appellant, submitted that the Tribunal has awarded inadequately low compensation as radiological evidence i.e. X-ray etc., and the doctor who treated was not produced. The appellant applied for summoning of the record from the Criminal Court, but the record was not received. However, the Tribunal, after seeing the appellant, found the disability of the right leg, which is evident from the order sheet dt. 27.4.1991. Therefore, the Tribunal ought to have awarded the just compensation. True, in the present case, evidence is required by law to prove permanent disability could not be produced. But, the permanent disability is apparent which the appellant had to suffer life-long. Therefore, in the absence of evidence, the Tribunal on some guess work, hypothetical consideration, and sympathy linked with the nature of disability, ought to have awarded the compensation on the principles laid down by the Supreme Court in the case of R.D. Hattangadi v. M/s Pest Control (India) Pvt. Ltd. [ AIR 1995 SC 755 ]. At the time of the accident, the appellant was aged about 45 years, and was earning Rs. 50/- per day by doing the job of palledar. He remained under treatment for sufficiently long time. At the time of the accident, the appellant was aged about 45 years, and was earning Rs. 50/- per day by doing the job of palledar. He remained under treatment for sufficiently long time. He has stated that he has spent an amount of Rs. 25,000/- on his treatment but for that, no cash memo and vouchers and receipts were produced. However, looking to the nature of the injury, some amount in the absence of vouchers and receipts has to be awarded. And in our opinion Rs. 10,000/- would be the proper sum. Under the head of non-pecuniary damages for physical and mental pain and suffering which the appellant suffered, and is likely to suffer in future, the amount of Rs. 15,000/- would be just and proper. As the loss of amenities of life which may include a variety of matters, i.e. on account of injury the claimant may not be able to walk, run or sit; damages for the loss of expectation of life; inconvenience, frustration and mental stress, and the fact that he has suffered disability to the extent of 65%, an amount of Rs. 50,000/- would be just and proper in the circumstances of the case. Thus, in our opinion, the appellant would be entitled to Rs. 75,000/- in all with interest thereon at the rate of 12% per annum, from the date of application i.e. 11.9.1990 till the realisation. The respondent No. 3 as an insurer, shall deposit the amount awarded by us, less the amount already deposited, within a period of two months from the date of receipt of certified copy failing which the amount of interest shall be payable at the rate of 15% per annum. On deposit the Tribunal shall disburse the amount to the appellant keeping in mind the guidelines laid down by the Supreme Court. In the result, the appeal is allowed with cost. The award of the Tribunal shall stand substituted as indicated hereinafter. Counsel fee Rs. 750/- if pre-certified.