Judgment J.K.Maheshwari, J. ( 1. ) This appeal is filed by the appellant under Section 173 of the Motor Vehicles Act against an award dated 10th July, 2006 passed by learned Member MACT, Jhabua in claim case No. 125/2003. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 60,000.00 with interest @ 6% per annum for the injuries sustained, arising out of the accident occurred on 4th June, 2003. ( 2. ) Appellant had preferred a claim petition under Section 166 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 8,75,000.00. He had received injuries i.e. fracture of Tibia Fibula bone in right leg. ( 3. ) The Tribunal has awarded the total some of Rs. 60,000.00. The certificate of permanent disablement (Ext.P-P/7) is available on record. The Tribunal found it a case of permanent disability to the extent of 30%. In the head of permanent disablement and pain and suffering Tribunal has awarded a sum of Rs. 50,000.00 and in medical expenses Rs. 10,000.00. ( 4. ) It is not necessary to narrate the entire facts in detail, such as how the accident occurred, negligence in driving the offending vehicle, and liability to pay compensation etc., because the Tribunal has already recorded the findings in favour of the appellant and none of those findings have been challenged at the instance of the respondents, i.e. owner/driver/ Insurance Company by filing cross-appeal or cross- objection. In that view of the matter it is not necessary to burden the judgment by detailing the facts on those issues. ( 5. ) Shri G.K. Nema, Counsel appearing for the appellant submits that the compensation as allowed b the Tribunal looking to the nature of permanent disability and the work of labour, which injured was doing at the time of accident, however future loss of earning ought to have been determined commensurate to the percentage of disablement applying the multiplier method of Second Schedule of Motor Vehicles Act. It is also contended by him that the Tribunal has not awarded in the head of conveyance, attendant, special diet and loss of wages during the treatment, therefore, some amount may be awarded in those heads. In view of the said submissions the inadequacy of the compensation awarded by the Tribunal has been assailed, because it is meager and deserves enhancement. ( 6.
In view of the said submissions the inadequacy of the compensation awarded by the Tribunal has been assailed, because it is meager and deserves enhancement. ( 6. ) On the other hand Shri Jain, learned . counsel appearing for the respondent/ Insurance Company has contended in support of the findings of the Claims Tribunal and argued that the compensation as awarded by the impugned award is just and proper, which do not warrant any inference by this Court. ( 7. ) After having heard learned Counsel for the parties and looking to the statements of doctor and certificate of permanent disability Ext.P-7, it is apparent that disablement with respect to upper limb is to the extent of 30%, but looking to the work, which injured was doing at the relevant time and the union of bone with angulation, in the opinion of this Court such disablement should not be less than 20% to the whole body, however commensurate to said percentage of disablement, assuming the earning of deceased Rs. 2,250.00 per month and applying multiplier method the future loss of earning requires to be determined, thereby annualfuture loss of earning comes to Rs. 5,400.00 and if the multiplier 17 is Snade applicable, then it comes to Rs. 91,800.00. The Tribunal has awarded Rs. 50,000.00 in the said head, however, after deducting the same remaining amount comes to Rs. 41,800, which deserves to be enhanced. In other heads like conveyance, attendant, special diet and loss of wages during the treatment no amount has been awarded, therefore, Rs. 24,000.00 is further being awarded in the said head. Accordingly, total enhancement of compensation comes to Rs. 65,000.00. ( 8. ) Accordingly this appeal is allowed in part. The compensation as allowed by the Tribunal is enhanced to the sum of Rs. 65,000.00 in addition to the compensation already awarded by the Tribunal. The enhanced amount shall carry interest @ 7.5% per annum from the date of claim petition till its realization. In the facts and circumstances of the case parties are directed to bear their own costs.