ORDER 1. This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 12.1.2011 passed by VII Motor Accident Claims Tribunal, Indore in Claim Case No. 50/09. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,55,000/- with interest to the claimant for the injuries which appellant sustained in the accident. According to claimant/appellant herein, the compensation 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 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 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. As observed supra, it is an injury case. 4. Learned counsel for the appellant submits that in a motor accident which took place on 10.1.2009, appellant sustained fracture of dislocation of knee joint and facture of tibia. It is submitted that that appellant was hospitalized for a period of 11 days. It is submitted that looking to the injuries the amount awarded in on lower side, hence prayed that appeal be allowed and amount be enhanced. 5. Learned counsel for respondent/Insurance company submits that amount awarded is just and proper and no case of further enhancement is made out and prayed that appeal be dismissed. 6. After taking into consideration the injuries sustained by the appellent this Court is of the view that amount awarded is on lower side which deserves to be enhanced. In view of this Court, it would be proper to enhance the compensation by a sum of Rs. 35,000/- and the same is enhanced accordingly.
6. After taking into consideration the injuries sustained by the appellent this Court is of the view that amount awarded is on lower side which deserves to be enhanced. In view of this Court, it would be proper to enhance the compensation by a sum of Rs. 35,000/- and the same is enhanced accordingly. The enhanced amount shall carry interest @ 8% per annum from the date of application. This order shall be executable only upon payment of proportionate court fee on the enhanced amount. The court fee be paid within 3 months from the date of this order. Registry to prepare memo of costs. The appellant’s counsel shall provide certified copy of memo of costs to the counsel for respondent/Insurance company which shall thereafter deposit the enhanced amount with costs with Tribunal within one month from the date of receipt of memo of cost. Failure to comply with the direction, no interest would be payable on the enhanced amount from the date of order till court fee is actually paid and memo of costs is supplied to counsel for respondent/Insurance company. With the atoresaid observation, the appeal stands disposed of.