JUDGMENT : N.K. Mody, J. This is an appeal filed by the claimant u/s 173 of the Motor Vehicles Act against an award dated 16.5.2008 passed by the Motor Accidents Claims Tribunal, Ujjain in Claim Case No. 17 of 2007. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 4,64,200 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to the claimant, i.e., appellant herein, the compensation awarded is on the lower side and hence needs 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? 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 the 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. 2. Learned counsel for the appellant submits that appellant was aged 20 years at the time of accident, which took place on 5.5.2006. It is submitted that learned Tribunal has awarded a sum of Rs. 4,64,200, break-up of which is as under : 3. Learned counsel for the appellant submits that the appellant sustained head injuries, fracture in right hand and also injury in his eye. It is submitted that the appellant was pillion rider at the relevant time. It is submitted that the appellant was hospitalised at Ujjain, Dewas and thereafter at Indore. It is submitted that the permanent disability was caused to the appellant to the extent of 100 per cent. It is submitted that the learned Tribunal assessed the income at Rs.
It is submitted that the appellant was pillion rider at the relevant time. It is submitted that the appellant was hospitalised at Ujjain, Dewas and thereafter at Indore. It is submitted that the permanent disability was caused to the appellant to the extent of 100 per cent. It is submitted that the learned Tribunal assessed the income at Rs. 3,000 per month and after assessing loss of income to the extent of 50 per cent, applied the multiplier of 16 and awarded a sum of Rs. 4,64,200. It is submitted that the appellant has spent a sum of Rs. 1,50,000 on his treatment, but the learned Tribunal has awarded only Rs. 1,31,000 towards medical expenses. It is submitted that the appellant is in regular treatment after the accident. It is submitted that since the appellant cannot walk, therefore, for his need appellant requires an attendant for 24 hours. Learned counsel submits that the appeal be allowed and amount be enhanced. 4. Learned counsel for insurance company submits that looking to the injuries sustained by the appellant the compensation awarded by the learned Tribunal is just and proper and no further enhancement can be made. It is submitted that the appeal be dismissed. 5. I have gone through the evidence adduced by the claimant on the issue of injuries sustained by appellant. To demonstrate the permanent disability, appellant is present in court. The appellant is not in a position to walk. The appellant is brought to the court by two attendants who are brother and relative. Since the accident is of the year 2006 and the appellant was aged 20 years, therefore, income assessed at Rs. 3,000 per month appears to be just and proper. So far as application of multiplier is concerned, keeping in view the age, it appears that multiplier of 16 is on lower side, which ought to have been 17. So far as assessment of permanent disability to the extent of 50 per cent is concerned, this court is of the view that assessment of 50 per cent permanent disability is on lower side, which ought to have been 100 per cent. It appears that on the other heads also the amount awarded is on the lower side. No amount has been awarded on account of attendant expenses, which the appellant needs for his whole life. The appellant is entitled for the following amount: 6.
It appears that on the other heads also the amount awarded is on the lower side. No amount has been awarded on account of attendant expenses, which the appellant needs for his whole life. The appellant is entitled for the following amount: 6. In other words, in view of this, the claimant is held entitled for a total sum of Rs. 9,57,000 by way of compensation for the injuries sustained by the appellant in the accident. The enhanced amount of Rs. 4,93,000 shall carry interest at the rate of 8 per cent 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 per cent of the said amount on long-term fixed deposit in the name of appellant under the guardianship of his father in the nearest nationalised 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 his 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. With the aforesaid modification the appeal stands disposed of. No costs.