ORDER (Oral) Singh, C.J. 1. This appeal is directed against the award of the Motor Accidents Claims Tribunal,. Mudwara (Katni), in Claim Case No. 45/89, dated 25.6.1996. 2. Briefly stated, the accident took place on 18.8.1988, when the truck No MOJ-7569 driven rashly and negligently by Moolchand, hit the Scooter No. MBK-9226 on which the claimant was pillion rider. As a result of this accident, the claimant suffered fracture at left thing shifted to various hospitals for treatment and operated, rod inserted. He is carrying on motor repair work in shop. 'Hyde; Auto Centre', earning Rs.3,000/- per month Rs.1,200/- by commission on sale of vehicles. He claimed compensation of Rs13,63,200/- from the respondents. 3. The respondents have denied the claim. It is submitted that the accident was not caused by the truck. It was stationary while the scooter, driven rashly and negligently, hit the stationary truck. It is also submitted that the scooter driver did not possess valid driving licence therefore, the respondents are not liable for accident and payment of compensation. 4. On the pleadings of the parties, the Claims Tribunal framed six issues. After recording evidence and hearing the parties the Claims Tribunal found that the accident took place as alleged. The claimant suffered injuries, therefore compensation of Rs.52,711/- has been awarded with interest at the rate of 6% from the date of application till award and thereafter at the rate of 12% per annum The claimant is not satisfied with this award, therefore, it has been challenged through this appeal. 5. Heard counsel for the parties, Recon perused. The evidence clearly points out that the accident was caused by the truck which was driven rashly and negligent by its driver. The truck driver and owner have not appeared to explain how the accident took place, which mean statement of claimant has to be accepted Therefore, the finding of the Claim. Tribunal on this issue is sustainable and is confirmed. . 6. The next question is whether the Claims Tribunal has awarded jus compensation in this case. The claimant submits that he was earning Rs.1000/1200/- per month by commission on sale of vehicles and Rs.3,000/- per month by repair of vehicles. There is no definite evidence with respect to income by sale 0 vehicles.
. 6. The next question is whether the Claims Tribunal has awarded jus compensation in this case. The claimant submits that he was earning Rs.1000/1200/- per month by commission on sale of vehicles and Rs.3,000/- per month by repair of vehicles. There is no definite evidence with respect to income by sale 0 vehicles. The claimant should have produced some evidence demonstrating sale of vehicles by him to some person and earning of commission, therefore, the claim cannot be accepted. However, there is evidence pointing out that he was carrying on repair work in a shop under the name and style 'Hyder Auto Centre'. Per day, he was earning Rs.100/-. Therefore this can be legitimate income, otherwise the family cannot survive with income les than this. Out of Rs.3,000/-, he must be spending l/3rd on himself leaving Rs.2,000/-. In this accident, his left thigh was fractured. He got treatment in various hospitals, namely, Mudwara Hospital Government Hospital, Katni, Government Medical College Hospital, Jabalpur for one and half month, Dr. Jamdar Hospital Jabalpur and Dhanpuri Hospital. His leg was operated, rod inserted. According to Dr. Purushottaam Soni (PW 4), permanent disability is to the extent of 75%. There is weakening of leg; he cannot sit properly and work conveniently affecting his efficiency, therefore, his income. During treatment, he must have spent on treatment, special diet, transport, attendant and post-operation care and must have undergone great pain and suffering throughout his life. With this background it is not understandable why permanent disability has been fixed at 20% and awarded compensation of Rs.52,711/- by the Claims Tribunal. 7. Consequently, the appeal is allowed award is modified. The claimant is awarded the following compensation: (1) Permanent disability Rs.50,000/- (2) Pain and suffering Rs.20,000/- (3) Treatment, past and future. Rs.5,000/- (4) Special diet Rs.5,000/- (5) Attendant Rs.5,000/- (6) Loss of income past two months and future Rs.50,000/- (7) Transport Rs.5,0001- Total Rs.1 ,40,000/- The claimant is awarded compensation of Rs.1,40,000/- (Rs. One Lac Forty Thousand). The enhanced compensation to carry interest at the rate of 6% (six percent per annum from the date of application till award and thereafter 9% (nine percent) per annum till payment.