JUDGMENT 1. - By filing instant Misc. Appeal the appellants have challenged the award dated 18th October, 2003 passed by learned Motor Accident Claims Tribunal (A.D.J.) Shambhar-Lake, District Jaipur (for short 'the learned Tribunal') in MACT Case No. 43/98 for enhancement of the compensation. 2. In brief the facts of the case are that the claimants appellants filed a claim petition before the learned Tribunal mentioning therein that the appellant was going by motor-cycle with his friend Mr. Ram Niwas to Makaran by road side, at 12:30 p.m. on 8th June, 1995, as sudden a truck No. RNN No. 7293 was coming from back and the said truck hit to the motor-cycle and that result claimant and his friend fell down at there and sustained injuries and both are unconscious, on medical examination then found to the extent of 100% disability to the claimant, and it was also stated that the appellant was made disable to earn and is dependent upon others, and now he cannot do any job. Therefore, claimed a sum of Rs. 15,00,000/- as compensation. 3. The non-claimants No.1, did not file any reply and No. 2 filed reply but he did not appear in the Tribunal and the non-claimant No.3 Insurance Company filed the reply and denied the allegations. Thereafter, issues were framed and evidence was recorded by the learned Tribunal. 4. The learned Tribunal after hearing both the parties passed the impugned award dated 18th October, 2003. Hence, the aforesaid Misc. appeal before this Court. 5. Learned Counsel for the appellants claimants submits that the learned Tribunal while passing the impugned award has not properly appreciated the evidence in accordance with law. The learned Tribunal has failed to consider that the appellant has sustained 100% permanent disability even then the learned Tribunal awarded only Rs. 1,75,000/-, which is very meagre one. The findings of the learned trial Court are based on surmises and conjectures. Hence, the award passed by the learned Tribunal be modified and the amount of award be enhanced. 6. Per contra Mrs. Chitra Goyal, learned Counsel for the respondent non-claimant submits that the learned Tribunal has passed the impugned award after properly assessing the evidence submitted by both the parties, though the respondent-Insurance Company is ready to enhance payment of compensation of Rs. 25,000/- to the claimant appellants but not beyond that. 7.
6. Per contra Mrs. Chitra Goyal, learned Counsel for the respondent non-claimant submits that the learned Tribunal has passed the impugned award after properly assessing the evidence submitted by both the parties, though the respondent-Insurance Company is ready to enhance payment of compensation of Rs. 25,000/- to the claimant appellants but not beyond that. 7. From a bare perusal of the facts of the case and after going through the material made available to me, in my considered view, looking to the permanent disability occurred to the claimant appellant, in the interest of justice the award passed by the learned Tribunal needs to be enhanced Rs. 50,000/- more. 8. In the result this Misc. appeal is partly allowed and the award dated 18th October, 2003 passed by learned Motor Accident Claims Tribunal (A.D.J.) Shambhar-Lake, District Jaipur in MACT Case No. 43/98 is modified. The respondent-Insurance Company in addition to the awarded amount shall deposit Rs. 50,000/- as enhanced amount before the learned Tribunal within a period of one month from today and shall also make payment of interest @ 6% per annum from the date of filing of the claim petition. Immediately after depositing of the enhanced amount by the respondent Insurance Company before the learned Tribunal, it shall immediately disburse the same with interest as mentioned above, to the claimants appellants.Appeal partly allowed. *******