JUDGMENT 1. - The present appeal has been preferred by the injured claimant aggrieved by the award dated 26.07.1999 passed by the Motor Accident Claims Tribunal, Udaipur, whereby, he has been awarded a sum of Rs. 70,100/- (wrongly mentioned as Rs. 69,100/- in the award) alongwith interest @ 8% per annum on account of injuries suffered by him. 2. The facts of the case are that the appellant filed a claim petition before the Motor Accident Claims Tribunal, Udaipur inter alia claiming that on 22.01.1994 he was working on Truck No.RJ27-G-0537 for loading and unloading of the goods. The respondent No.1 was driving the truck rashly and negligently, which resulted in the truck turning turtle near village Kharpina, as a result of which, the appellant suffered simple and grievous injuries and, as such, he was entitled to a claim of Rs. 7,25,000/- on that count. The averments made in the claim petition were resisted by respondent No.3 Insurance company. 3. On behalf of the claimant, he examined himself as AW-1 and examined Dr.G.L. Dad as AW-2 and exhibited 59 documents. On behalf of Insurance Company NAW-1 Banshi Lal Paliwal was examined. 4. The Claims Tribunals came to the conclusion that the accident occurred on account of rash and negligent driving by the driver of the truck, therefore, the Tribunal awarded Rs. 3,000/- for three simple injuries and Rs. 10,000/- each for three fractures and Rs. 25,000- towards 45% permanent disability, Rs. 3,000/- towards medical expenses and Rs. 5,000/- under the head mental and physical discomfort. It further awarded Rs. 3,600/- as three months' salary and Rs. 500/- for travelling expenses and in total awarded a sum of Rs. 70,100/-. 5. I have heard learned counsel for the appellant and learned counsel for the respondent No.3 Insurance Company. 6. It was contended by learned counsel for the appellant that the amount awarded for the permanent disablement of Rs. 25,000/- is highly inadequate, inasmuch as, the appellant had suffered 45% disablement and the fact that he was a manual labourer the 45% disablement is sufficient to render him without any work and, therefore, the said amount awarded by the learned Claims Tribunal deserves to be enhanced adequately. 7. On the other hand, learned counsel for the respondent Insurance Company argued that the amount awarded is adequate and does not call for interference by this Court. 8. 7. On the other hand, learned counsel for the respondent Insurance Company argued that the amount awarded is adequate and does not call for interference by this Court. 8. I have considered the rival submissions and has gone through record of the case. 9. This is an admitted fact that the claimant Hari Singh was working for loading and unloading goods on the truck involved in the accident and suffered injuries, which resulted in his permanent disablement to the extent of 45%, as certified by the Dr.G.L. Dad vide Medical Board Examination report dated 19.12.1996 marked as Exhibit-59 and the said facts have been reiterated by Dr.Dad when he was examined as AW-2. The Claims Tribunal has taken the salary of the injured Hari Singh at Rs. 1200/- per month. The appellant, who is a manual labourer suffered fractured Pelvis and was complaining pain and difficulty in walking and required support in walking and, as such, it is apparent that he would not be able to do the work of loading and unloading goods, which was being done by him at the time of accident. The fact that he could do work which requires sitting only can be no solace to a 28 years old person to the fact regarding the disability, which he has suffered on account of the accident and, therefore, keeping in view the principles laid down in the case of Sarla Verma v. Delhi Transport Corpn., report at (2009) 6 SCC 121 , the appellant is entitled to a sum of Rs. 1,10,000/- (45% of 1200x12x17) under the head of loss on account of 45% disability suffered by him instead of Rs. 25,000/- awarded by the Tribunal. The rest of the amount awarded under the various heads as stated above does not require any interference. 10. In the result, the appeal filed by the appellant is partly allowed and the award passed by the Claims Tribunal is modified to the extent that the appellant would be entitled to a total amount of Rs. 1,55,100/- instead of Rs. 70,100/- awarded by the Claims Tribunal and he will be entitled to interest @ 8% per annum on the enhanced amount of Rs. 85,000/- from the date of filing of the claim petition i.e. 20.09.1994. No costs.Appeal partly allowed. *******