ORDER 1. This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 22.12.2010 passed by Motor Accidents Claims Tribunal, Shajapur in Claim Case No. 58/03. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,99,018/- with interest to the claimant by way of compensation for the injury which appellant sustained in an accident. According to claimant i.e. appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhacement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent? 2. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is for the reason that firstly all these findings are recorded in favour of claimant by the Tribunal. Secondly, none of these findings though recorded in claimant's favour are under challenge at the instance of any of the respondents such as owner/driver either by way of cross-appeal or cross-objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues. 3. As observed supra, it is a injury case. Break-up of the amount awarded is as under:- towards permanent disability Rs. 2,88,000/- towards medical-expenses Rs. 92,018/- towards pain and sufferings Rs. 10,000/- towards exp. incurred on attenders Rs. 5,000/- towards spl. diet Rs. 2,000/- towards travelling expenses Rs. 2,000/- 4. Learned counsel for the appellant submits that in a motor accident which took place on 16.2.2002 appellant who was aged 35 years on the date of accident, sustained crush injuries in the right forearm and also compound fracture of radius-ulna. Appellant was hospitalised at Gokuldas hospital from 16.10.02 to 18.11.02 and again from 21.2.02 to 2.1.2003. Learned counsel submits that permanent disability was assessed as 50% by the learned Tribunal. It is submitted that learned Tribunal in the last round awarded a sum of Rs.
Appellant was hospitalised at Gokuldas hospital from 16.10.02 to 18.11.02 and again from 21.2.02 to 2.1.2003. Learned counsel submits that permanent disability was assessed as 50% by the learned Tribunal. It is submitted that learned Tribunal in the last round awarded a sum of Rs. 1 Lac against which an appeal was filed by the appellant which was numbered as M.A. 412/04 which was allowed vide order dated 10.8.2010 and the case was remanded for reassessment. It is submitted that in second round the amount was enhanced to Rs. 3,99,018/-. It is submitted that looking to the injuries the amount awarded is on lower side which deserves to be enhanced. It is prayed that appeal be allowed and amount awarded be enhanced. 4. Learned counsel for respondent No.3 submits that amount awarded is just and proper and appeal be dismissed. 5. From perusal of record and also the photographs it seems that right arm of the appellant has been ruptured. Keeping in view the injuries sustained by appellant, this Court is of the view that amount awarded is on lower side and a case of enhancement is made out. In view of this, appellant is entitled for the following amount :- towards permanent disability Rs. 3,25,000/- towards medical-expenses Rs. 1,00,000/- towards pain and sufferings Rs. 30,000/- towards travelling expenses Rs. 10,000/- towards exp. incurred on attenders Rs. 10,000/- towards spl. diet Rs. 10,000/- towards loss of wages Rs. 25,000/- total Rs. 5,10,000/- Thus, appellant is entitled for a sum of Rs. 5,10,000/- instead of Rs. 3,99,018/-. The enhanced amount of Rs. 1,10,982/- shall carry interest @ 8% per annum from the date of application. 6. With the aforesaid observation, the appeal stands disposed of. S. Patwa for appellant; P. Gupta for respondent No.3.