JUDGMENT Singh, C.J. (Oral) -- This appeal is directed against the award of Motor Accident Claims Tribunal, Bhind in Claim Case No. 36 of 1992 dated 19.12.1995. Shortly stated, accident took place on 11.12.1987 when claimant's motor cycle was hit by bus bearing registration No. CPH 8767 owned by M.P. State Road Transport Corporation and driven rashly and negligently by the driver. Accident has been denied by respondents. Although Respondent 1 has said that it is not liable for accident but ultimately the tribunal has held the allegation of the appellant proved. The main question for determination in this appeal is as to whether compensation deserves to be enhanced since the appellant submits that just compensation has not been awarded while respondent 1 states otherwise. Accident took place on 11.12.1987 when the motor cycle of claimant was hit by bus. He suffered serious injuries, There is, fracture of right leg and bend in the right knee resulting in stiffening. Claimant was treated at District Hospital, Bhind, then shifted to Gwalior where he remained under treatment for quite some time. Dr. C.J. Gaikwad has proved the injuries suffered by the Claimant. He also states that the claimant would be walking after six months. There is stiffening of right knee and it can not bend more than 90 degree. Leg is shortened by 3 cms. Permanent disability is 50%. With this background, it can be said that the claimant suffered great pain due to this accident, continued to suffer during treatment and thereafter. Therefore, award of compensation to the extent of Rs. 15, 000.00 is absolutely inadequate:. In the totality of circumstances, claimant deserves compensation for pains and suffering, for not enjoying full amenities of life and for affecting his efficiency, since there is no evidence with regard to expenditure on further treatment. With respect to medical expenses, claimant can realise the same from the employer for the present and furture. However, he must have spent amount on transport. Attendant and special diet. Therefore taking into consideration the nature of injuries, extent of disability, pain and suffering and other heads, just compensation in the context of decisions like, Mohinder Bir Singh v. Shri Amal Pal (1997 (II) MPWN 138) and Union of India v. Bholaram and another ( 2000 (2) JLJ 174 ) would be Rs. 1,50,000.00/- in lump-sum instead of awarding the same under various heads it this case.
1,50,000.00/- in lump-sum instead of awarding the same under various heads it this case. Consequently, appeal is allowed. Claimant is held entitled to compensation of Rs. 1,50,000, (rupees one lac fifty thousand). Enhanced compensation will carry interest at the rate of 9% (nine percent) per annum. Costs on parties.