ORDER 1. Appellant-claimant has filed this appeal under section 173 of the Motor Vehicles Act against the award dated 15.11.1999 passed by III Additional MACT, Dewas in Claim Case No. 23/98 for enhancement of compensation. 2. Brief facts of the case are that on 21.1.1998 at about 13.55 hours when the claimant Makhansingh along with some other friends was waiting for a bus to go to Dewas near the Government godown at village Methwada, suddenly one tractor bearing registration No. MP-13-KA 4908, driven rashly and negligently by respondent No.1, owned by respondent No.2 and insured with respondent No.3, hit the appellant-claimant and other persons causing injuries to them. A report of the incident was lodged at police station, Jawad on the same day. The appellant claimant got fracture in his legs, right ribs as also injuries on the face and other parts of the body. Initially, he was taken to Government hospital, Dewas where he was treated for about two months and thereafter he was treated at Verma Union hospital at Indore. The claimant filed a claim petition which was tried along with other claim petitions arising out the same incident. The Tribunal after trial has recorded a positive finding about the rash and negligent driving of the tractor, about the accident, about the liability of the driver and owner of the truck as well as the Insurance Company. The Tribunal has awarded a compensation of Rs.60,000/- to the claimant with interest @ 12% per annum from the date of the filing of the claim petition dated 10.2.1998, against which the claimant has filed this appeal for enhancement of compensation. 3. I have heard the learned counsel for the parties and perused the record. 4. The submission of the counsel for the appellant was that even after treatment and plaster, the fractured bone of the appellant-claimant could not be united properly, therefore, he became permanently disabled and the ratio of disability is around 39% as per medical evidence. Makhan Singh was examined as PW 2 and he stated in his deposition that in the accident he received fracture in his both legs, in the right ribs and also injuries in the hands and on the face. Makhan Singh was examined as PW 2 and he stated in his deposition that in the accident he received fracture in his both legs, in the right ribs and also injuries in the hands and on the face. He was initially admitted in Government hospital, Dewas where he remained for a period of two months and thereafter he was taken to Indore where he remained admitted in Verma Union hospital for about 11 days and where he was plastered for a period of one and half months. He further stated that after removing the plaster he was treated continuously for a period of four months. He is an agriculturist and also doing the business of selling milk. He further stated that as his fractured bone could not be united properly, he is unable to walk properly and is having continuous pain in the fractured leg. He further stated that a huge' amount has been spent by him for his treatment. He has produced treatment papers Ex. P-43, discharge card of district hospital, Dewas Ex. P-44, discharge card of Verma Union hospital, Indore Ex. P-45 and P-46, treatment papers and bills Ex. P-47, receipts issued by district hospital, Dewas Exs. P-59 to P-62, receipts of X-ray Exs. P-65 and P-66 and other treatment papers Exs. P-67 to 106. He has also examined Dr. Arun Dubey (PW 7) who has testified that the claimant had received fracture and was treated at Indore. He found that the claimant's left phalanges are not working properly and its moving capacity has reduced from 22 to 25 percent and his fractured bone could not properly be united. The disability certificate issued by him is Ex. P-180 and Ex"P-181, 182 & 183 are the X-ray plates. In his cross-examination he has also stated that the claimant may feel difficulty in working properly. After considering the aforesaid evidences, the Tribunal has awarded a sum of Rs.7,256/- towards treatment charges, Rs.3,800/- towards traveling expenses, Rs.39,000/- towards compensation for 39% permanent disability, Rs.6,000/-towards loss of wages for a period of three months @ Rs.2,000/- per month and thus, a total compensation of Rs.60,000/-. 5. After considering the aforesaid evidences, the Tribunal has awarded a sum of Rs.7,256/- towards treatment charges, Rs.3,800/- towards traveling expenses, Rs.39,000/- towards compensation for 39% permanent disability, Rs.6,000/-towards loss of wages for a period of three months @ Rs.2,000/- per month and thus, a total compensation of Rs.60,000/-. 5. Having heard the counsel for the parties and on perusal of the record, I am of the view that the Tribunal has not awarded a just and proper compensation in the head ofpeffi1anent disability, which is certified as 39%, in the head of treatment as well as for loss of earnings. I also find that the Tribunal has not awarded any compensation for pain and suffering. Admittedly, the claimant remained hospitalised for around 71 days and if a sum of Rs.500/- per day is taken into consideration for expenditure for treatment, a sum of Rs.30,000/- ought to have been awarded in the head of treatment because Verma Union hospital, where he was admitted for about 11 days, is a private hospital. Though he has produced bills for a sum of Rs.7,256/- but he remained hospitalised in the district Government hospital, Dewas for a period of two months. Thus, looking to the period of treatment this amount is enhanced from Rs.7,256/- to Rs.40,000/-. The Tribunal has also awarded a sum of Rs.3,800/- on traveling expenses for three months' period. This amount is also on the lower side as he was advised to come to Indore for check-up every week. Therefore, the amount towards traveling expenses is enhanced from Rs.3,800/- to Rs.10,000/-. The Tribunal has assessed the loss of working days for a period of three months. This is also on the lower side looking to the evidence on record. From the evidence on record, it is clear that initially the claimant remained hospitalised in the district Government hospital, Dewas for a period of two months and thereafter he was hospitalised in Verma Union hospital for a period of 11 days where he was plastered for a period of one and half months and continued his treatment for a period off our months. Therefore, it is clear that continuously for a period of eight months he was under treatment. As such the period of loss of earnings is enhanced from three months to eight months and, thus, the amount from Rs.6,000/- to Rs.16,000/- @ Rs.2,000/- per month. Therefore, it is clear that continuously for a period of eight months he was under treatment. As such the period of loss of earnings is enhanced from three months to eight months and, thus, the amount from Rs.6,000/- to Rs.16,000/- @ Rs.2,000/- per month. The Tribunal has also not awarded any compensation towards pain and suffering and also for future treatment. Thus, a sum of Rs.10,000/- is awarded in the head of pain and suffering. The amount awarded towards compensation for permanent disability, which is certified as 39% is also enhanced from Rs.39,000/- to Rs.80,000/- @ Rs.2,000/- per month. As it has also come in evidence that the claimant is suffering from continuous pain in his legs for the reason that the fractured bone could not be united properly, a sum of Rs.10,000/- is awarded towards future treatment. Thus, the total compensation is enhanced from Rs.60,000/- to Rs.1,66,000/-. This amount shall also carry interest @ 9% per annum from the date of filing of the claim petition. Consequently, the appeal is allowed and the compensation is enhanced as indicated above. The respondents are directed to pay the said amount jointly and severally to the claimant within a period of 2 months. Counsel's fee Rs.1,000/-, if certified.