JUDGMENT This is a Claimant's Appeal against the Judgment and Award dated 22.7.2003 in Motor Accident Claim Case No. 112 of 2003 file of the 13th Motor Accident Claims Tribunal Indore. 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%. The claimant filed the said claim petition claiming compensation of Rs. 3,00,000/-. The claimant was treated by Dr. Anil Kumar Jinsiwale. He did not say that there was permanent disability of 40%. He only confirmed two fractures. On the other hand Dr. Sarda who issued certificate about disability and gave evidence, was not the doctor who treated the claimant. After assessing the evidence, Tribunal passed a Judgment and Award determining the compensation as Rs: 45,000/- with interest at 6% per annum from the date of filing of documents. The sum of Rs. 45,000/- is made up of the following: (i) Rs. 30,000.00 ... towards Medical expenses (ii) Rs. 10,000.00 ... towards loss of income for 3 months (iii) Rs. 5,000.00 ... towards pain and suffering Feeling aggrieved, the claimant has filed this Appeal contending that the compensation awarded by the 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. 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/-. 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 Rs. 10,000/- additionally under the head of special food, transportation and Misc. Expenses. In so far as loss of earning capacity, we agree that there ought to have1been 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% 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 percent. 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. 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 annum from the date of filing of the petition till realisation. (iii) Fifty percent 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.