ORDER Bhawani Singh, C.J. 1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Durg, in Claim Case No. 21/98, dated January 6,1998. 2. Claimant Ashok Kumar Datto Choudhary was Head Constable in Central Industrial Security Force Unit, stationed in Bastar District. On 25-6-1996, he was going from Bacheli to Raipur in bus bearing Registration No. MP-26-C-5418. Truck bearing Registration No. CPR 9983, driven by Shankerlal rashly and negligently, came from the opposite direction and struck against the bus resulting in grievous injury on the right arm of the claimant. He was admitted in Bhilai Hospital where his right arm was amputated. Thus the appellant incurred permanent disability. Claim was filed before the Tribunal for Rs. 5,5000.00 with interest at the rate of 18% per annum. 3. Defence taken is that the driver of the truck was not responsible for the accident which was caused by the driver of the bus and the claimant must have realised the amount from the Government for his treatment; there was violation of the terms and conditions of the policy, therefore, it was not liable to pay the compensation. 4. The Tribunal came to the conclusion that the accident took place on 25-6-1996 by the truck bearing Registration No. CPR 9983 which was driven rashly and negligently by Shankerlal and that the claimant suffered permanent disability due to this accident, therefore, he was entitled to compensation. The bus has not been found responsible for the accident. Accordingly compensation of Rs. 1,00,000.00 has been awarded to the claimant carrying interest at the rate of 12% per annum from the date of application till realisation. This appeal is at the instance of the claimant for enhancement of the award. 5. Counsel for parties heard. Record perused. Learned counsel for the appellant submitted that the award is low, therefore, it deserves to be enhanced, while Shri S.K. Rao pleads for confirmation of the award allowed by the Tribunal. 6. From the evidence, it is absolutely clear that the accident took place due to rash and negligent driving of the truck by the driver. It was due to this accident that the claimant lost his right arm resulting in permanent disability. Claimant was Head Constable in the Central Industrial Security Force at the relevant time. He was 47 years old, still 13 years to serve in the Force.
It was due to this accident that the claimant lost his right arm resulting in permanent disability. Claimant was Head Constable in the Central Industrial Security Force at the relevant time. He was 47 years old, still 13 years to serve in the Force. Obviously, he could secure further promotions in the Force but for the accident in which his right arm had been amputated immediately below the shoulder and there is likelihood of his not getting further promotions in the Force on account of this disability. He has also stated that he could not get promotion in the Force after this accident. The injury was so grievous and serious that he had to spend about Rs. 50,000.00 on his treatment. With this background, we find that lump-sum compensation of Rs. 1,00,000.00 in this case is on the lower side. Therefore, taking all the facts and circumstances of the case, the award is enhanced by Rs. 50,000.00. 7. Accordingly this appeal is allowed. In addition to the award passed by the Tribunal, the claimant will get Rs. 50,000.00 more with interest at the rate of 12% per annum from the date of application till realisation. Costs on parties. 8. Misc. Appeal allowed.