JUDGMENT 1. - This appeal for enhancement of compensation is directed against judgment and award dated 25.8.2011 passed by Motor Accident Claims Tribunal, Bikaner ('the Tribunal'), whereby, for the injuries suffered by the appellant, the Tribunal has awarded a sum of Rs. 1,02,743/- alongwith interest @ 6% per annum as compensation from the date of filing application for compensation ('the application') i.e. 2.8.2006. 2. The facts in brief may be noticed thus: on 12.8.2005 at about 11.30 A.M. the appellant-claimant was travelling on a motor cycle from Bikaner to Kolayat, when the said motor cycle met with an accident with a Bolero jeep, being driven by Rajaram, which resulted in the claimant suffering grievous and simple injuries. 3. The claimant suffered permanent disablement and, therefore, filed the application seeking compensation to the tune of Rs. 11,63,440/-. The application was opposed by the respondent No. 3-Insurance Company by filing reply. Despite several opportunities, when the respondent Nos. 1 and 2 did not file any reply, the same was closed by the Tribunal. 4. After hearing of the parties, the Tribunal came to the conclusion that the accident occurred on account of rash and negligent driving by respondent No. 2-Rajaram, which resulted in, the claimant suffering grievous and simple injuries. 5. While considering the issue relating to the grant of compensation, the Tribunal came to the conclusion that the claimant had to take leave for five months from his duties and, consequently, based on his salary awarded a sum of Rs. 161,200/-, for 27 days' hospitalization, 3 operations, fracture in right hand, toe and radius-bone and the fact that the claimant had suffered 28% permanent disablement awarded to Rs. 20,000/- towards mental agony, pain and suffering and Rs. 13,000/- towards other expenses. The Tribunal has also awarded a sum of Rs. 8,543/- towards medical bills, which were not reimbursed to the claimant. 6. However, based on the statement of the claimant that he was working on the spot of Junior Accountant with the Sarva Shiksha Abhiyan, Kolayat and was getting regular salary; the same has not been effected by the accident and he also getting regular increments denied any sum for future loss of income on account of the permanent disablement suffered by him. 7. It is submitted by the learned Counsel for the appellant that the amount of Rs.
7. It is submitted by the learned Counsel for the appellant that the amount of Rs. 20,000/- awarded for pain and suffering is wholly inadequate in the facts and circumstances of the case and the same deserves to be enhanced adequately. On the other hand, the learned Counsel for the respondent-Insurance Company supported the award impugned. 8. I have considered the rival submissions. 9. From the perusal of award passed by the Tribunal and the record, it is apparent that the claimant had suffered grievous injuries; there were multiple fractures in the hand and feet resulting in his requiring three surgeries; the certificate of permanent disablement (Exhibit-1) indicates 28% disablement to his right upper and lower limb; and he remained hospitalized for 27 days. 10. Though the Tribunal was justified in denying any amount on account of future loss of income as it was admitted by the claimant himself that the disablement has not effected him financially. However, the fact that the claimant had suffered 28% permanent disablement, which might not effect him financially, in any case would effect him physically , whereby his right upper and lower limb have been effected on account of the said accident. The fact that he remained hospitalized for 27 days and has undergone three surgeries also indicates his suffering on account of the said accident and, therefore, the award of a sum of Rs. 20,000/- towards pain and suffering appears to be on the lower side and inadequate in the facts of the present case. 11. Though the quantum of pain and suffering cannot be decided precisely based on any specific mathematical calculation, in the opinion of this Court ends of justice would meet if the appellant is awarded a further sum of Rs. 30,000/-towards pain and suffering, which would bring the amount of compensation under the said head to Rs. 50,000/-. 12. In that view of the above discussion, the appeal is partly allowed. The appellant-is entitled to a further sum of Rs. 30,000/- alongwith interest @ 6% from the date of application i.e. 2.8.2005. The amount of enhanced compensation be paid to the claimant within a period of two months. 'No Costs. Appeal Partly allowed. *******