Judgment :- P.K. SAMANTA, S.P. TALUKDAR, J. (1.) This is an appeal against the judgment and award dated 12.1.2005 passed in M.A.C. Case No. 228 of 1990 by learned M.A.C. Tribunal, Sixth Court, Alipore, 24Parganas (South). (2.) The said case arose out of an application under section 166 of Motor Vehicles Act, 1988. It relates to an accident which took place on 13.3.1990 at about 10 a.m. The petitioner/victim was knocked down by a vehicle bearing No. WBT 359 which was being driven in a rash and negligent manner. As a result of such accident, the victim sustained severe fracture injury on his right femur. Petitioner was 40 years of age at the time of the accident. The said application claiming compensation was contested by insurance company. All the material allegations made in the application were denied by filing a written objection. (3.) Learned Tribunal framed as many as five issues upon the pleadings on records. Thereafter, by the impugned judgment, the learned Tribunal directed the insurance company to pay an amount of Rs. 25,000 as compensation. (4.) Being aggrieved by the said judgment and award, petitioner has preferred the instant appeal. At the time of hearing of the appeal, the only point raised by the learned counsel for the appellant is that the learned Tribunal was not justified in giving an award of Rs. 25,000 only in response to the said application under section 166 of the Motor Vehicles Act. (5.) After taking into consideration all relevant facts and materials, it appears that the victim-claimant sustained severe fracture injuries in his right femur for which he was under treatment in a hospital for a period of about three months. This is practically not disputed. Having regard to the nature of the injury sustained by the victim, we find no reason to discard or disbelieve the disability certificate. Such certificate indicates that the victim suffered disability to the extent of 55 per cent. Without getting into any other issue as raised by the learned counsel for the parties, we think that the learned Claims Tribunal was not justified on the basis of the facts and materials on record to pass an award of only Rs. 25,000. Even assuming that the victim had the notional income of Rs. 15,000 and having regard to the extent of disability being 55 per cent, the victim is entitled to get compensation of Rs. 1,07,250. 25,000. Even assuming that the victim had the notional income of Rs. 15,000 and having regard to the extent of disability being 55 per cent, the victim is entitled to get compensation of Rs. 1,07,250. This amount is calculated after using 13 as multiplier keeping in mind the age of the victim at the time of the accident. Thus, the present claimant-appellant is entitled to the aforesaid amount of Rs. 1,07,250 only to which an amount of Rs. 2,000 can be added as compensation for the pain and suffering. This takes us to an amount of Rs. 1,09,250 only. The judgment and award of the learned Tribunal is thus modified to the extent as indicated herein below. The claimant-victim is thus entitled to get an amount of Rs. 1,09,250 which, of course, includes the amount already received by such claimant in a way of statutory compensation and towards satisfaction of the award already granted in his favour. The said amount after deducting the amount already paid to claimant-appellant shall be deposited within a period of eight weeks from this date. The said amount must also carry interest at the rate of 9 per cent per annum from the date of filing of the claim application till actual payment. (6.) There will be no order as to costs. The said amount be paid by issuing an account payee cheque in favour of the claimant-appellant which is to be deposited before the learned Tribunal and the said cheque be disbursed by the learned Tribunal in favour of the appellant upon proper identification and on receipt. (7.) The lower court records be sent down to the court below immediately. Appeal allowed.