Judgment 1. The grant of award of Rs.30,000/- as against the claim of Rs.one lakh is subject to challenge in the present first appeal. 2. The accident in question where the bus colluded while safeguarding a cyclist at a tree and the claimant having suffered injuries is not in controversy. The claimant was admitted initially at the Medical College Hospital at Aurangabad for three days. Thereafter he was admitted and treated at the dispensary of Vishnu Sitaram Yadkikar (PW-1) for a period of one month after two days of the accident. The important aspect in the matter is, after a year of the accident PW-1 noticed permanent disability to the claimant which was assessed at 65%, such certificate is issued at Exh-38. 3. The claimant Kishanlal is examined as PW-2. He has narrated the history as to how the accident has taken place and as to how he has lost his earning and became a permanently crippled for which certification from PW-1 was issued. PW-2 has canvassed that meeting the bills of medical expenses he was required to spend around Rs.55000/- and he, while giving evidence, was also under treatment and advise of concerned doctors. The Civil Surgeon’s Certificate was also placed on record which inducted the claimant having suffered permanent disability due to the accident at 68%. The cross-examination to the claimant did not suggest that there was no permanent disability nor there was any denial even by suggesting to this effect that he did not incur expenses of Rs.55000/- as the claimant was agitating. 4. The discharge card shows that the claimant had sustained fracture of accetabulum on right side and fracture of Pelvis. The claimant has developed osteoarthrities and unable to walk. Claimant was always required to be dependent to a employee to meet his regular pursuit. 5. Though the learned Member found that the claimant was 65 years as on the date of evidence, and his two sons were earning, his cotton mattress unit was looked after by his employer still the fact remains comfort of the claimant in his smooth life has been taken away due to negligent driving of the vehicle on the part of the ST driver. The driver did not step into witness box to indicate that, in fact, he was not at all at fault that it was due to sudden impact at the spot the accident had taken place. The driver did not step into witness box to indicate that, in fact, he was not at all at fault that it was due to sudden impact at the spot the accident had taken place. In this situation of the matter, considering the evidence and particularly the nature of cross-examination, though the claimant had claimed an amount of Rs.one lakh for permanent disability, I find that the claimant having established that he has suffered 65% or 68% of permanent disability and was always required to be under medical advise, the claimant is entitled for an amount of Rs.55000/- (Rs.Fifty Five thousand). Hence the order. The appeal is partly allowed. The grant of Award for Rs.30000/- is modified to Rs.55000/- (Rs.Fifty Five thousand). The additional amount to carry interest @ 12% p.a. from 20th March 1993 with costs.