Judgment :- Patil, J This appeal is directed against the judgment and award dated 30-04-2005 in MVC No.61/2003 on the file of the Add. Civil Judge (Sr.Dn.) & MACT, No.3, Bidar (for short hereinafter referred to as ‘Claims Tribunal’). The Claims Tribunal by its judgment and award, awarded a sum of Rs.1,49,955/-with interest 6% p.a. The appellant herein claiming that the said amount awarded by the Claims Tribunal is inadequate and requires enhancement, presented the instant appeal. 2. The brief facts of the case is that, on 1-6-2002 the appellant has gone to village on his motor cycle/Yamaha bearing registration No.KA-38/2560 for his business work. After completing his work, claimant was returning to village Marjunda at 3-00 P.M. When he was proceeding on motor cycle in normal speed on the left side of the road following the traffic rules, on Chitguppa – Belkhera road, the driver of the lorry bearing registration No.KA-39/9822 was driving the same in a rash and negligent manner, endangering to the human life and personal safety of others lost his control over the vehicle, came from the opposite direction and dashed to the motor cycle, as a result of which, the appellant sustained grievous injuries on right knee, both bones of tibia and fibula, little finger, fist, chest, legs and other parts of the body. On account of the injuries sustained in the accident he has filed the claim petition seeking compensation of Rs.13,00,000/-against the respondents. 3. The said claim petition has come up for consideration before the claims Tribunal on 30.4.2005. The claims Tribunal after hearing both sides through their Counsel and after evaluation of the oral and documentary evidence and other documents available on file, specifically taking into consideration the nature of injuries sustained in the accident are permanent in nature, has allowed the claim petition in part and awarded a total sum of Rs.1,49,985/-i.e., Rs.40,000/-towards pain and suffering, Rs.13,585/-towards medical expenses, Rs.10,000/-towards loss of amenities, Rs.86,400/-towards loss of future earnings. The said amount awarded is inadequate and Tribunal has not awarded any amount towards conveyance, nourishment, food and attendant charges, therefore, the amounts awarded by the claimant requires enhancement, presented the instant appeal. 4. The said amount awarded is inadequate and Tribunal has not awarded any amount towards conveyance, nourishment, food and attendant charges, therefore, the amounts awarded by the claimant requires enhancement, presented the instant appeal. 4. We have gone through the memorandum of appeal, grounds taken by the appellant and we have heard Learned Counsel for the respondent-insurance company at a considerable length of time and after careful evaluation of the entire records of the Tribunal, what it emerges is that, the Tribunal has committed a gave error and committed material irregularity in not taking into consideration the clinching evidence available on record. It is manifest on the face of the order that the appellant was doing ‘Gondul’ (fortune teller) business claiming that he is getting income of Rs.150/-per day. But the Tribunal has committed an error in taking only Rs.75/-per day. The said income of the appellant taken without assigning any valid reasons is not justifiable. As per the relevant material on file, what it emerges is that the appellant claiming to be a driver-cum-Gondul (fortune teller) might have easily earning more than Rs.3,000/-per month. However, in the interest of justice the income of the appellant can safely be taken at the rate of Rs.3,000/-per month. The claimant is aged about 26 years. Therefore, proper multiplier applicable is 17 and as per the evidence of the doctor, he has assessed disability of the right leg at 60% to 70% and assessed whole body disability at 60% to 70%. But, however, the Tribunal has taken 20% disability to the whole body. The Tribunal without assigning any valid reasons has taken 20% as whole body disability which is contrary to the evidence of the doctor. As per the evidence of the doctor, he has specifically stated that appellant was suffering from 60% to 70% disability of the whole body. Further, he has specifically referred in the disability certificate i.e., exhibit P11 issued by the expert doctor that the appellant on account of the accident has suffered shortening, deformity and instability of right lower limbs and he is permanently advised to change his profession from driver to some table work. If that evidence is taken into consideration, there is no justification for the Tribunal to take disability at 20% of the claimant without assigning any valid reasons. If that evidence is taken into consideration, there is no justification for the Tribunal to take disability at 20% of the claimant without assigning any valid reasons. Therefore, we can take the disability at the rate of 65% having regard to the nature of injuries sustained by the appellant to his right lower limb, fracture of upper end of tibia which is crystal clear from the photograph affixed to the disability certificate issued i.e., exhibit P-11. Therefore, we can safely taken the disability at the rate of 65%. Accordingly, we take 65% as disability as per the disability certificate issued by the doctor coupled with his evidence. Accordingly the appellant is entitled to a sum of Rs.3,97,800/-(Rs.3,000 x 12 x 17 x 65/100) towards loss of future earnings. 5. The Tribunal awarded a sum of Rs.40,000/-towards pain and suffering. The said amount awarded is on the lower side and needs enhancement for the reason that he has been admitted in the hospital as inpatient for more than one month and two days and he has suffered pain and suffering due to the disability as per the doctor’s evidence at the rate of 60% to 70% and further he was advised to change his profession from driver to some table work. Keeping in view these facts into consideration, duration of treatment taken and pain and suffering undergone we can safely award a sum of Rs.50,000/-towards pain and suffering as against Rs.40,000/-awarded by the Tribunal. 6. The Tribunal has awarded only Rs.10,000/-towards loss of amenities and disability. The said amount awarded needs modification for the reason that the appellant was admitted in the hospital as inpatient for more than one month and two days. He suffered one grievous injury and two to three simple injuries and as per the evidence of the doctor, he has sustained fracture of his right lower end tibia and fracture of upper end of tibia and further doctor has advised him to change his profession from driver to some other table work. As per the disability certificate, it is the evidence of the doctor that in view of permanent disability suffered, appellant is not in a position to work as a driver and he must change his profession to any other table work. He has got permanent discomfort throughout his life. This aspect of the matter has not been looked into or considered by the Tribunal. He has got permanent discomfort throughout his life. This aspect of the matter has not been looked into or considered by the Tribunal. Having regard to the aforesaid facts and circumstances of the case, we can safely award a sum of Rs.50,000/-towards loss of amenities and disabilities instead of Rs.10,000/-awarded by the Tribunal. 7. The Tribunal further committed an error in not awarding any amount towards conveyance, nourishment, food and attendant charges. It is not in dispute that on account of the injuries sustained in the accident, he was admitted as inpatient for more than one month and two days and also having regard to the fact that he might have spent some reasonable amount towards conveyance, food, nourishment and attendant charges, we award a sum of Rs.10,000/-towards conveyance, nourishment, food and attendant charges. 8. The amount awarded by the Tribunal towards medical expenses is just and proper and does not call for any interference. 9. Having regard to the facts and circumstances as stated above, the judgment and award is modified as under: 1) Pain and suffering : Rs. 50,000/- 2) Medical expenses : Rs. 13,585/- 3) Loss of amenities & disability : Rs. 50,000/- 4) Conveyance, nourishment Food & attendant charges : Rs. 10,000/- 5) Loss of future earnings : Rs. 3,97,800/- The total amount comes to Rs. 5,21,385/-as against Rs. 1,49,985/-awarded by the Tribunal. 10. In view of the above, we pass the following: ORDER 1) The appeal is allowed in part. 2) The amount awarded by the Tribunal in a sum of Rs.1,49,985/-is enhanced to a sum Rs.5,21,385/-with interest at 6% per annum from the date of petition till the date of realization. The enhanced amount comes to Rs. 3,71,400/-. 3) The respondent-insurance company is directed to deposit he enhanced amount of Rs.3,71,400/-wit interest at 6% from the date of petition till the date of realization within eight weeks from the date of receipt of a certified copy of this order. 4) Out of the enhanced amount, 50% of the amount with interest shall be deposited in Fixed Deposit in a nationalized Bank or scheduled Bank for a period of five years. 5) The appellant is entitled to draw accrued interest half yearly. 6) The remaining enhanced amount with interest shall be released in favour of the appellant immediately on depositing the amount by the respondent-insurance company. The office is directed to draw the award accordingly.