R. V. RAVEENDRAN, C. J. ( 1 ) THIS is a claimant's appeal against the judgment and award dated 22. 7. 2003 in Motor Accidents Claim Case No. 112 of 2003 file of the 13th Motor Accidents Claims Tribunal, indore. ( 2 ) THE claimant-appellant sustained injuries including fracture of right hip and fracture of left ankle joint in a motor accident on 23. 6. 1998. The treatment required two surgeries also, one for insertion of a steel rod and another for its removal. He was hospitalized twice that is 7 days on the first occasion and 4 days on the second occasion. The appellant alleged that he is an agriculturist and also running a dairy, earning Rs. 5,000 per month and that on account of permanent disability, caused by the injuries, his earning has been affected. He has filed certificate issued by Dr. Sarda showing a permanent disability of the limb as 42 per cent. The claimant filed the said claim petition claiming compensation of rs. 3,00,000. ( 3 ) THE claimant was treated by Dr. Anil kumar Jinsiwale. He did not say that there was permanent disability of 42 per cent. He only confirmed two fractures. On the other hand, Dr. Sarda who issued the certificate about disability and gave evidence, was not the doctor who treated claimant. After assessing the evidence, the Claims tribunal passed a judgment and award determining the compensation as Rs. 45,000 with interest at 6 per cent per annum from the date of filing of documents. The sum of Rs. 45,000 is made up of the following heads: Medical expenses Rs. 30,000 Loss of income for 3 months Rs. 10,000 Pain and suffering Rs. 5,000 ( 4 ) FEELING aggrieved, the claimant has filed this appeal contending that the compensation awarded by the Claims Tribunal is very low. He contends that the Tribunal erred in not awarding any amount under the head of future loss of earning capacity. It is pointed out that the claimant being an agriculturist doing manual work, the effect of fractures has affected his capacity to do normal work. Lastly, it is contended that interest ought to have been awarded from the date of petition. ( 5 ) ON examination we find that there is considerable merit in the contention of the appellant. It is pointed out that the claimant being an agriculturist doing manual work, the effect of fractures has affected his capacity to do normal work. Lastly, it is contended that interest ought to have been awarded from the date of petition. ( 5 ) ON examination we find that there is considerable merit in the contention of the appellant. Admittedly, the appellant has sustained two fractures (one on the hip bone and the other of the left ankle joint ). In the circumstances, under the head pain and suffering the award should have been rs. 30,000 instead of Rs. 5,000. We do not propose to disturb the sum awarded under the head medical expenses (Rs. 30,000)and under the head of loss of income during the period of treatment (Rs. 10,000 ). We, however, award additional Rs. 10,000 under the head of special food, transportation and misc. expenses. ( 6 ) INSOFAR as loss of earning capacity, we agree that there ought to have been some award under this head. But we cannot accept the contention of the appellant that compensation under the head of future loss of earning capacity should be assessed by treating the permanent disability as 42 per cent particularly when disability to such extent is not mentioned by the treating doctor. Having regard to the nature of fractures and work done by the appellant before the accident, we are of the view that the permanent disability would be around 10 to 15 per cent. In the absence of specific evidence regarding income, we award rs. 30,000 under the head loss of future earning capacity of the appellant. Thus the total compensation would be Rs. 1,10,000. We also find that the Tribunal has committed an error in awarding interest only from the date of filing of the documents. Award of interest should be from the date of filing of claim petition. ( 7 ) ACCORDINGLY, we allow the appeal in part as follows: (i) The amount of compensation is increased from Rs. 45,000 to Rs. 1,10,000. (ii) The compensation amount shall carry interest at the rate of 6 per cent per annum from the date of filing of the petition till realisation. (iii) Fifty per cent of the compensation amount shall be kept in fixed deposit for a period of five years in a nationalized bank with liberty to draw interest accrued thereon every month. 1,10,000. (ii) The compensation amount shall carry interest at the rate of 6 per cent per annum from the date of filing of the petition till realisation. (iii) Fifty per cent of the compensation amount shall be kept in fixed deposit for a period of five years in a nationalized bank with liberty to draw interest accrued thereon every month. Balance to be disbursed to appellant. (iv) Both the parties shall bear their respective costs. Appeal allowed. .