JUDGMENT The appellant claimed compensation through next friend Shamsuddin, who suffered accidental injury on 22.8.92 at 9.00 p.m. near Ratlami Gate, Jaora when auto rikshaw bearing No. MP-14B-1407 dashed him. The claimant appellant had alleged in the claim petition that the said vehicle was driven rashly and negligently by its driver Firoz Abbasi. On account of said accident Kamruddin sustained injuries on his body most prominently, on parietal region of the head. Said accidental injuries required his hospitalisation for 8 days. The claimant alleged that on account of said accident he was unconscious also. He claimed that he was sent to mental hospital on account of said accidental injuries. The compensation was claimed by the appellant, which was to the tune of Rs.2,28,000/-. The Tribunal granted compensation to the appellant victim which was to the tune of Rs. 2500/- payable by the respondents jointly and severally from the date of the claim i.e. 13.10.92 with interest at the rate of 12% per annum. Advocate's fee was also directed to be paid which was to the tune of Rs. 150/-. The appellant is hereby making prayer for enhancement of the said compensation which has been resisted by the respondents. Shri Manish Jain, counsel appearing for the appellant submitted that on account of said injury which was the result of rash and negligent driving on the part of Firoz Abbasi, the driver, of the said auto rikshaw, the appellant was injured mentally and he was required to be referred to the mental hospital. He submitted that on account of said damage to the brain and mental derangment, he has sustained a significant loss in his life and, therefore, the tribunal should have awarded compensation to the tune of Rs. 2,28,000/-. He submitted that atleast amount of compensation be enhanced. Shri Dhupar and Shri J.K. Joshi, pointed out that it has come in the evidence of Shamsuddin that the appellant was mentally deranged even prior to the date of said accident. They submitted that the mental derangement of the appellant cannot be attributable to the said accident, even if it is assumed that the driver of said vehicle Firoz Abbassi was driving it rashly and negligently. I find force in the submissions advanced on behalf of.the respondents. It has come in the cross-examination of Shamsuddin that Kamruddin was deranged even prior to the date of accident. I find force in the submissions advanced on behalf of.the respondents. It has come in the cross-examination of Shamsuddin that Kamruddin was deranged even prior to the date of accident. Therefore, the deranged behaviour of Kamruddin cannot be attributed to the accident though he has suffered an injury on his parietal region of head. There is no evidence on record to show that there was such serious damage to the brain which could have caused mental derangement to victim Kamruddin. The record shows that Kamruddin, the victim was hospitalised for some days. He had suffered an injury to his head on parietal region which was admeasuring 4 cms. x 3 cms. and it was coupled with swelling. That injury cannot be ignored totally. That injury alongwith his unconsciousness and hospitalisation must have caused him lot of pain, sufferings and mental agony. Other injuries which he sustained were abrasions, one was admeasuring 2" x 1" and other was not significant. In the absence of any evidence on record substantiating claim of Rs.2,28,000/- as compensation, the award which has been passed by the Tribunal, cannot be blamed as too much inadequate. Some amount will have to be given to the appellant for pains, suffering and agony, because the evidence on record has proved that Firoz Abbassi, the driver of the said vehicle, drove the vehicle rashly and negligently and because of that, the appellant Kamruddin sustained those injuries. It has been proved that said auto rikshaw was insured with respondent No.3 at the time of said accident. Thus, the appeal is hereby allowed. The compensation is hereby increased from Rs. 2,500/- to Rs. 10,000/- (ten thousand) keeping in view the pain, suffering and agony sustained by the appellant Kamruddin. Counsel fee is also increased from Rs. 150/- to Rs. 500/- (five hundred). This amount is to be paid by the respondents jointly and severally to the appellant from the date of filing of the claim petition with interest at the rate of 12% per annum. This enhanced amount has to be deposited by them in the office of Tribunal within two months from the date of receipt of certified copy; otherwise the appellant would be entitled to get interest of 18% per annum over the amount. Thus, the appeal stands disposed of.