Judgment ( 1. ) THE appellant/claimant has filed the appeal under Section 173 of the Motor Vehicles Act, 1988 for the enhancement of the amount of award dated 2-5-2001 in Claim Case No. 152/2000 passed by learned Second Additional Member of Motor Accident Claims Tribunal, Badwani, whereby the amount of Rs. 70,000. 00 alongwith interest @ 9% p. a. from 22-6-2000 was provided to the claimant. ( 2. ) THE case of the claimant is that on 18-5-2000 in the morning at about 11. 30 a. m. when the claimant was going on his scooter from Badwani to Anjad, near the Mazar of Peer Baba jeep driven rashly and negligently by respondent No. 1 has hit the scooter from the back side and on account of the collusion the claimant has received the fracture of his right hand and the abrasions caused in the leg and the face. The claimant was referred to the District Hospital, Badwani and thereafter he was treated in the hospital at Indore. That the claimant is a business-man and he is the income tax payee and he has incurred the expenses of Rs. 25,000. 00 in his medical treatment. That respondent No. 2 is the owner and respondent No. 3 is the insurer of the offending jeep and as such the amount of Rs. 10,00,000. 00 be provided to the appellant, jointly and severally, from the respondents. ( 3. ) THE case of the respondents is that the claimant was not driving the scooter properly and accident has not taken place on account of the rash and negligent driving of the jeep. The Insurance Company has pleaded that the driver of the jeep was not having the valid licence and as such the Insurance Company is not liable to pay the amount. ( 4. ) THE learned Trial Court after framing the issues and recording the evidence has held that the claimant has received the injury on account of the accident caused due to rash and negligent driving by the driver of the jeep and the aforesaid compensation with the interest was provided to the claimant. ( 5. ) THE claimant has prayed for the enhancement on the ground that looking to the permanent disability caused to the claimant and the period in which the claimant was unable to perform his usual work, the learned Tribunal has provided inadequate compensation and it should be enhanced.
( 5. ) THE claimant has prayed for the enhancement on the ground that looking to the permanent disability caused to the claimant and the period in which the claimant was unable to perform his usual work, the learned Tribunal has provided inadequate compensation and it should be enhanced. ( 6. ) THE claimant is a business-man and he has filed the documents to show that he is income tax payee. The claimant has received the fracture in his right hand and on account of the fracture he is having some difficulty in the movement of his hand and Dr. B. L. Khangar (P. W. 4) has opined that the permanent disability is to the extent of 18%. It is rightly submitted by the learned Counsel for the Insurance Company that the total bodily permanent disability will be only from 5% to 6%. The bone has united. However, the plate was inserted for the union of the bone. The claimant has filed the bills (Exs. P-6 to P-46 to prove the expenditures in his treatment of are Rs. 28,000. 00 and the learned Tribunal has provided the amount of Rs. 20,000. 00 for his medical treatment. Looking to the nature of the injury to the claimant, the loss of income for the period of 2 months of Rs. 10,000. 00 was also rightly provided to the claimant. The learned Tribunal has also provided Rs. 10,000. 00 for the special diet. Looking to the facts and circumstances of the case, the amount of compensation provided to the claimant is just, proper and adequate. ( 7. ) THERE is no ground made out for the enhancement of the claim and the appeal is hereby dismissed.