JUDGMENT Bhawani Singh, C.J. 1. This appeal is directed against the award of Motor Accident Claims Tribunal, Ratlam, dated 4-4-1994, Claim Case No. 22/92. 2. Accident took place on 16-8-1990 at 11 a.m. when claimant was going from Kamed to Ratlam on motor-cycle with his friend as pillion rider. The motor-cycle was being driven slowly and carefully but tempo No. M.O.U. 4051 driven rashly and negligently hit the motor-cycle. As the result of this accident they fell down. The right foot was hit by the tempo as a result of which compound fracture was caused. He was taken to hospital at Ratlam where he stayed for 2 1/2 months and then to hospital at Ahmedabad where he remained for 1 1/2 months. Three operations were performed on him, leg plastered for long time still the claimant is suffering the impact of accident. Facts stated have been disputed by the other side. The tempo driver was driving it without permission nor he had valid licence to do so. Insurance Company was not informed about the taking place of accident and submissions of damage report. Similarly the motor-cycle driver had no driving licence nor the Insurance Company to with which it was insured has been impleaded party to the case in the absence of which claim is not entertainable. 3. Claims Tribunal found that accident took place on 16-8-1990 when tempo No. M.O.U. 4051 driven rashly and negligently hit the claimant resulting in permanent disablement. Other defences taken by the Insurance Company have been rejected. Ultimately, compensation of Rs. 42,000/- has been awarded carrying interest at the rate of 12% from the date of application till payment. 4. Aggrieved by the award of Claims Tribunal, this appeal has been filed for enhancement of compensation. 5. Learned counsel for parties were heard and record perused. There is no doubt about certain things in this case. The accident took place as alleged. The claimant suffered compound fracture of tibia & fibula of right leg. He remained in two hospitals at Ratlam and Ahmedabad for tour months. On the date of recording the evidence he was not in a fit state of health since the injury suffered by him in this accident had not been treated completely. Naturally, he must have undergone great pain & suffering during all this time.
He remained in two hospitals at Ratlam and Ahmedabad for tour months. On the date of recording the evidence he was not in a fit state of health since the injury suffered by him in this accident had not been treated completely. Naturally, he must have undergone great pain & suffering during all this time. Due to the injury there is shortening of leg and the claimant cannot walk without stick nor can he do agriculture operations as before. These fads are clear from the statement of Doctor and the claimant. Though the Doctor has not pointed out the extent of shortening of leg, as contended by learned counsel for the Insurance Company, but the Doctor has stated that there is permanent disability resulting in limping and shortening of leg. The result has been that the claimant cannot walk without stick. He cannot do agriculture operations. He knew the driving and was driving the tractor in his village and motor-cycle also. He is an agriculturist, obviously, therefore, he must have sufficient holdings, otherwise, there could not be necessity of keeping a tractor. Further, he had been employing labourers to undertake the agriculture operations. After this accident, it would not be possible for him to be as active and working as he had been before. Therefore, there is loss of income to him as a result of this accident. For the treatment for all these years, he must have spent sufficient amount. In the aforesaid background, learned counsel for the claimant submits that just compensation has not been awarded to the claimant by the Claims Tribunal. Reliance has been placed on 1990 ACJ 333 (Brest Ram Vs. Anant Ram and others). We are of the considered opinion that amount awarded by the Claims Tribunal under various heads requires to be enhanced apart from awarding compensation to the claimant under the head of permanent disability. Therefore, we enhance the amount under the head of pain & suffering from Rs. 15,000/- to Rs. 20,000/-. Under the head of medical treatment and special diet, the amount is enhanced from Rs. 17,000/- to Rs. 27,000/- and under the head of loss of income the amount is enhanced from Rs. 10,000/- to Rs. 38,000/-. For permanent disability, we award compensation of Rs. 15,000/-. The total enhancement is of Rs. 58,000/-.
15,000/- to Rs. 20,000/-. Under the head of medical treatment and special diet, the amount is enhanced from Rs. 17,000/- to Rs. 27,000/- and under the head of loss of income the amount is enhanced from Rs. 10,000/- to Rs. 38,000/-. For permanent disability, we award compensation of Rs. 15,000/-. The total enhancement is of Rs. 58,000/-. The enhanced amount of compensation shall carry interest at the rate of 12% from the date of application till payment. It shall be paid within two months from today. Cost on parties. 6. Misc. Appeal allowed.