JUDGMENT : N.K. Mody, J. Being aggrieved by the award dated 19-01-2005 in claim case No. 28/2004 passed by MACT, Indore whereby learned tribunal awarded a total sum of Rs. 40,430/- with interest to the claimant by way of compensation for the injury which he 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 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 or insurance company 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. Learned counsel for the appellant submits that in a motor accident which took place on 29-06-2003 appellant sustained injuries. It is submitted that learned tribunal awarded a sum of Rs. 40,430/-, break-up of which is as under : Rs. 35,430/- Medical expenses Rs. 5,000/- Pain and suffering Rs. 40,430/- Total 4. Learned counsel submits that in a motor accident which took place on 29-06-2003 when the appellant was going on in a car which was being driven by the respondent No. 1 along with other members of the family, appellant sustained grievous injuries and was hospitalized at Agra from where appellant was referred to Choithram Hospital, Indore and thereafter to Suyash Hospital, Indore. It is submitted that right hand of the appellant is completely paralyzed as permanent disability has occurred to the extent of 80%. Similarly right leg of the appellant was also fractured and permanent disability was assessed as 15% and appellant was operated, rod was inserted. It is submitted that right hand of the appellant is completely paralyzed as permanent disability has occurred to the extent of 80%. Similarly right leg of the appellant was also fractured and permanent disability was assessed as 15% and appellant was operated, rod was inserted. It is submitted that appellant was a young boy aged 19 years at the time of accident and was student of Class X. It is submitted that not only permanent disability caused to the appellant but also future prospects of the appellant has been adversely affected. It is submitted that appellant who is present in Court submits that appellant was right hander but appellant is not in a position to right comfortably by the right hand. Appellant submits that facility of writer has been provided to the appellant for appearing in the examination. It is submitted that appellant is aged 41 years and was travelling along with family members. It is submitted that on other heads also amount awarded is on lower side as appellant was hospitalized for a long period. It is submitted that on number of heads no amount has been awarded and on number of heads the amount awarded by the learned tribunal is on lower side. It is submitted that looking to the injuries sustained by the appellant, amount awarded by the learned tribunal is grossly inadequate which deserves to be enhanced by allowing the appeal filed by the appellant. It is submitted that appellant has filed an application under Order 41, Rule 27 CPC along with various documents to demonstrate that appellant was given treatment of Physiotherapy for which bills are to the effect of Rs. 40,000/- approximately. 5. Learned counsel for the respondent No. 2 submits that in the facts and circumstances of the case, looking to the injuries sustained by the appellant the amount awarded by the learned tribunal is just and proper. It is submitted that appeal filed by the appellant be dismissed. 6. After taking into consideration all the facts and circumstances of the case and keeping in view the permanent disability which has been caused to the appellant and also looking to the injuries sustained by the appellant, it appears that a case of enhancement is made out. In view of this, the appeal filed by the appellant is allowed and appellant is entitled for the following amount : Rs. 1,50,000/- Permanent disability Rs. In view of this, the appeal filed by the appellant is allowed and appellant is entitled for the following amount : Rs. 1,50,000/- Permanent disability Rs. 75,000/- Medical expenses Rs. 50,000/- For Physiotherapy charge Rs. 10,000/- Pain and suffering Rs. 10,000/- Transport expenses Rs. 10,000/- Special Diet Rs. 10,000/- Expenses incurred on attender Rs. 10,000/- Loss of education Rs. 20,000/- Loss of future prospects Rs. 3,45,000/- Total 7. In other words the appellant is held entitled for a total sum of Rs. 3,45,00/- in - stead of Rs. 40,430/- by way of compensation. The enhanced amount of Rs.3,04,570/- shall carry interest @ 8% p.a. from the date of application. the enhanced amount shall be deposited by the Respondent No.2/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 applicant in the nearest Nationalised Bank, in the area where the appellant is residing with the condition that the bank will not permit any lone or advance interest on the said amount shall be credited on monthly basis in S.B. Account of appellant which will be opened by the appellant from where appellant can withdraw the amount as per needs. however on an application by the appellant this condition can be modified by the learned tribunal in exceptional circumstance, if made out by the appellant. 8. With the aforesaid modifications the appeal stands disposed of C.C. as per rules.