ORDER 1. This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 3.12.2010 passed by XV Motor Accident Claims Tribunal, Indore in Claim Case No. 270/09. By the impugned award, the Claims Tribunal awarded the compensation as Rs. 1,44,531/- 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 enhancement 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 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 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. 50,000/- towards medical expenses Rs. 71,331/- towards pain and sufferings Rs. 10,000/- towards loss of income Rs. 5,200/- towards special diet Rs. 3,000/- towards travelling exp. and exp. Rs. 5,000/- incurred on attenders 4. Learned counsel for the appellant submits that in a motor accident which took place on 24.9.2008 appellant sustained fracture of femur bone and also clavicle bone and also lost 5 teeth. Appellant was hospitalised for 51 days where appellant was operated and rod was inserted.. It is submitted that permanent disability was assessed as 10% by the learned Tribunal. It is submitted that looking to the injuries the amount awarded is on lower side, hence prayed that appeal be allowed and amount be enhanced. 5. Learned counsel for respondent No.3 submits that amount awarded is just and proper.
It is submitted that permanent disability was assessed as 10% by the learned Tribunal. It is submitted that looking to the injuries the amount awarded is on lower side, hence prayed that appeal be allowed and amount be enhanced. 5. Learned counsel for respondent No.3 submits that amount awarded is just and proper. It is submitted that appeal has no merits and the same be dismissed. 6. Appellant is present in Court. Keeping in view the condition of appellant, this Court is of the view that a case of enhancement is made out. In view of this, the appellant is entitled for a further sum of Rs. 90,000/- (Rs. Ninety Thousand) which shall carry interest @ 8% per annum from the date of application. The amount awarded shall be deposited by the Insurance Company with the learned Tribunal and the learned Tribunal is directed to invest 80% of the said amount on long term fixed deposit in the name of appellant in the nearest Nationalized Bank, in the area where the appellant is residing, with the condition that the bank will not permit any loan or advance. Interest on the said amount shall be credited on monthly basis in S.B. Account of appellant which shall be opened by the appellant from where appellant can withdraw the amount as per needs. However, on an application by the appellant this condition could be modified by the learned Tribunal in exceptional circumstances, if made out by the appellant. This order shall be executable only upon payment of proportionate court fee on the enhanced amounts. The cost shall be borne by the respondents. 7. With the aforesaid modification the appeal stands disposed of.