Judgment : 1. This appeal is by the claimant, being not satisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Bellary (for short 'the Tribunal') by its impugned judgment and award dated 30-11-2009 in MVC No.163/2007, filed this appeal seeking for enhancement of the compensation. 2. In the claim petition, the appellant has contended that on 24-07-2006, while he was proceeding along with one Vijay Kumar towards Kudligi village on the motor cycle bearing registration No.KA-35/L-2214 as a pillion rider, a KSRTC bus bearing registration No.KA-07/F-1009, driven by its driver in a rash and negligent manner dashed against the motor cycle. As a result of which, both the claimant and the said Vijay Kumar sustained grievous injuries. The claimant was shifted to Government Hospital, Hosahalli and thereafter, he was shifted to Bapuji Hospital, Davanagere. In the accident, the claimant had sustained fracture of tibia and fibula of the right leg. He claimed that he was working as a coolie and getting income of Rs.4,000/- p.m. In view of the accident, he cannot work as a coolie and hence sought for compensation of Rs.3,00,000/-. 3. Pursuant to the notice issued by the Tribunal, the respondents entered appearance and filed objections denying the negligence on the part of the driver of the bus and also contended that due to the rash and negligent riding of the motor cycle, the accident has occurred and there is contributory negligence on the part of the rider of the motor cycle and sought for dismissal of the claim petition. 4. The appellant in order to prove his case examined himself as P.W.1 and got marked the documents as Ex.P1 to Ex.P13. He also examined Dr.Parvath Reddy Y., as P.W.3. The first respondent was examined himself as R.W.1 and got marked one document as Ex.R1. 5. The Tribunal after considering the oral and documentary evidence and also a copy of the complaint, FIR and mahazar report, held that due to the rash and negligent driving of the bus, the accident has occurred and the claimant is entitled for compensation. Taking into consideration the evidence of the doctor and also the wound certificate issued, the Tribunal has awarded compensation of Rs.74,400/-with interest at the rate of 6% p.a. from the date of petition till realization. Taking into consideration the evidence of the doctor and also the wound certificate issued, the Tribunal has awarded compensation of Rs.74,400/-with interest at the rate of 6% p.a. from the date of petition till realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the claimant has filed this appeal, seeking enhancement of compensation. 6. Sri.Y.Lakshmikanth Reddy, learned Counsel appearing for the appellant contended the judgment and award passed by the Tribunal is contrary to law and very meager compensation has been awarded for the injuries suffered by the appellant. He submitted that due to the fracture of tibia and fibula, the appellant cannot work as a coolie and sought for reasonable enhancement of compensation. 7. On the other hand, Sri.F.S.Dabali, learned Counsel appearing for the respondent-KSRTC argued in support of the judgment and award passed by the Tribunal and contended that the Tribunal taking into consideration the oral and documentary evidence let in by the parties and also the wound certificate issued and the doctor's evidence has assessed the just and fair compensation. The appellant has not made out a case for enhancement of com and sought for dismissal of the appeal. 8. I have carefully considered the arguments addressed by the learned Counsel for the parties, perused the impugned judgment and award passed by the Tribunal and the oral and documentary evidence adduced by the parties. 9. It is not in dispute that the appellant has sustained injuries in the road traffic accident that occurred on 24-07-2006. In the accident he has sustained fracture of tibia and fibula of right leg and other injuries. He was in-patient for a period of 9 days. In view of the fracture of tibia and fibula, he cannot work as a coolie due to the mal-union of the fractured portion. P.W.3, the doctor in his evidence has deposed that the appellant has sustained fracture of both the bones and there is wasting of right thigh, slight malunion of the fracture, movement of right knee joint are restricted and painful, he cannot run, walk fact, climb stairs, cannot squat and sit with crossed legs. He also deposed that the claimant has suffered partial permanent disability to an extent of 15%. He also deposed that the claimant has suffered partial permanent disability to an extent of 15%. At the time of accident, the claimant was aged about 56 years and the doctor stated that at this old age, the possibility of joining of the fractured bones is very less. Due to the fracture of both the bones i.e. tibia and fibula, he has suffered a lot and has spent huge amount towards his treatment. The Tribunal has awarded a sum of Rs.25,000/- towards pain and suffering which is on the lower side, hence, I am of the opinion that another sum of Rs.15,000/- has to be awarded to compensate the pain and agony undergone by the appellant. Insofar as attendant, nursing and nourishment, the Tribunal has awarded only a sum of Rs.6,000/- which is on the lower side, hence, I propose to award another sum of Rs.14,000/-. Towards loss of amenities, the Tribunal has awarded only a sum of Rs.2,000/-. Due to the fracture of tibia and fibula and mal-union, the claimant has to suffer the disability throughout his life. Hence, I am inclined to enhance the compensation by another Rs.25,000/-towards loss of amenities. Towards loss of earning during the treatment period, only Rs.6,000/-has been awarded. In view of the accident, the appellant was out of employment for a period of 4 months. Hence, I propose to award another sum of Rs.6,000/-towards loss of earning during the laid up period. In all, the appellant is entitled to enhanced compensation of Rs.60,000/-with interest at the rate of 6% p.a., in addition to Rs.74,400/- awarded by the Tribunal. 10. Accordingly, I pass the following: ORDER The appeal is allowed in part. The judgment and award dated 30-12-2006 made in MVC No.163/2007 passed by the Tribunal is modified. The appellant is entitled for enhanced compensation of Rs.60,000/- with interest at the rate of 6% p.a. from the date of petition till realization. The respondent is directed to release the entire amount in favour of the appellant within a period of three months from the date of receipt of a copy of this order.