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 20.1.2011 passed by Additional Motor Accidents Claims Tribunal, Sardarpur, Dist. Dhar in Claim Case No. 35 of 2010. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,41,462 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to claimant, i.e., appellant herein, the compensation awarded is on 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 Claims 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 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 5 years at the time of accident, which took place on 4.11.2008, sustained injuries in her left hand and ultimately left hand was amputated from shoulder. It is submitted that learned Tribunal after assessing income on notional basis assessed the permanent disability at 85 per cent. It is submitted that appellant was hospitalised for ten days. It is submitted that on all the heads amount awarded is on lower side. It is submitted that learned Tribunal has awarded a sum of Rs. 2,41,462, break-up of which is as under : 3. Learned counsel for the appellant submits that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal is on lower side which deserves to be enhanced. It is submitted that appeal be allowed and amount be enhanced. 4.
2,41,462, break-up of which is as under : 3. Learned counsel for the appellant submits that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal is on lower side which deserves to be enhanced. It is submitted that appeal be allowed and amount be enhanced. 4. Learned counsel for the respondent No. 3 submits that looking to the injuries sustained by the appellant the amount awarded by the learned Tribunal is just and proper and no further enhancement can be made. It is submitted that appeal be dismissed. 5. Since accident is of the year 2008, therefore income ought to have been assessed at Rs. 3,000 per month. After taking into consideration all the evidence on record it appears that the compensation awarded is on lower side. In view of this 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. 6,41,462 by way of compensation for the injuries sustained by the appellant in the accident. The enhanced amount of Rs. 4,00,000 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 90 per cent of the said amount on long-term fixed deposit in the name of appellant in the nearest nationalised bank under the guardianship of her father Bhanwarnath, 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 her 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. 7. This order shall be executable upon payment of proportionate court-fee on the enhanced amount. The court-fees be paid within three months from the date of this order. Registry to prepare memo of costs to the counsel for insurance company. The insurance company thereafter shall deposit the enhanced amount with costs with the Tribunal within one month from the date of receipt of memo of costs.
The court-fees be paid within three months from the date of this order. Registry to prepare memo of costs to the counsel for insurance company. The insurance company thereafter shall deposit the enhanced amount with costs with the Tribunal within one month from the date of receipt of memo of costs. On failure to comply with the aforesaid direction no interest would be payable on the enhanced amount from the date of order till the court-fee is actually paid and memo of costs is supplied to counsel for insurance company. With the aforesaid modification the appeal stands disposed of.