The appellant/claimant has directed this appeal for enhancement against the award dated 22.1.1998 rendered by II MACT Barwani in Claim Case No. 1/98 thereby awarding Rs. 25,000/- compensation together with interest at the rate of Rs. 12% p.a. from the date of filing of the petition till realisation in favour of the appellant and against the respondent. Briefly stated the facts of the case are that on 24.10.1997 the appellant Rajendra Dubey alongwith his companion Vikram singh was going on the motor cycle bearing registration No. MP/11A/9546 from Barwani to Nisarpur at the same time near village Chikhalda they met with an accident due to dash given by bus bearing registration No. MPU 4075 causing grievous injuries to the appellant and his companion. The appellant filed a petition before II MACT Barwani for grant of compensation under Section 166 of the MV Act claiming Rs. 5 lac compensation against the respondents. The tribunal on consideration partly allowed the petition filed by the appellant and awarded compensation in favour of the appellant as indicated above. Aggrieved by the quantum of compensation as awarded by the tribunal the appellant has filed this appeal for enhancement of the compensation. The only contention of the counsel for the appellant is that in view of the nature of injuries sustained by the appellant resulting into permanent disability, the compensation awarded by the tribunal is on lower side. The counsel contended that the tribunal has lost sight in awarding compensation under the head 'Pain and Suffering'. He prayed for appropriate enhancement in the compensation awarded by the tribunal. In oppugnation, the counsel for the respondents, supported the impugned award and submitted that in view of the injuries sustained by the appellant, the compensation awarded by the tribunal is just and proper requiring no interference in this appeal. I have considered rival submissions of the counsel and carefully perused the record of the tribunal. In view of the injuries and disability caused to the appellant, the compensation under the head 'general damages' awarded by the tribunal appears to be just and proper and requires no interference in this appeal, the compensation awarded by the tribunal against expenses incurred in treatment is also in conformity to the evidence available on record requiring interference in this appeal.
On perusal it emerged that the appellant had fracture of Tibia Fabula bone on the left leg as a result of the injuries sustained in the alleged accident. During treatment rod was inserted in the fractured bone by surgical operation of left leg and he was admitted in the hospital for four days. The appellant Rajendra Dubey (PW 1) in his statement has stated that even after the treatment he feels pains and swelling in his left leg while walking. In view of the aforesaid facts, the appellant was entitled for some compensation under the head 'Pain and Suffering. In view of the nature of injuries and disability of permanent nature existing in the left leg of the appellant, I award additional compensation of Rs. 10,000/- under the head 'Pain and Suffering' to the appellant. Consequently, the appeal is allowed in part, the compensation awarded by the tribunal is modified and enhanced to total compensation of Rs. 35,000/- together with interest as awarded by the tribunal, in favour of the appellant and against respondents. In view of the facts of the case, parties are left to bear their own costs of this appeal. Counsels fee, as per schedule, if certified.