1.0 This appeal is directed against the judgement and award dated 23rd October 2000 passed by learned Motor Accident Claims Tribunal (Main), Vadodara in Motor Accident Claim Petition No.1120/91 whereby the Tribunal has awarded a sum of Rs.15,000/ along with interest at the rate of 12% per annum.
2.0 The appellant along with others had hired tempo bearing registration No.GQB 4419 and was travelling with goods by paying fare for going towards Padra. When they reached near Vishrampura village, the tempo dashed with a tree as a result of which the appellant and others sustained serious injuries. He therefore filed the aforesaid claim petition, wherein the aforesaid award came to be passed. This appeal is at the instance of the claimant for enhancement of compensation.
3.0 Learned Advocate for the appellant submitted that the Tribunal ought to have awarded compensation of Rs.50000/ for the injury of two fractures. He also submitted that a sum of Rs.20000/ should have been awarded towards pain, shock and suffering and Rs.15,000/ towards diet. According to him looking to the disability the compensation should have been Rs.90000/.
4.0 As a result of hearing and perusal of the record it is found that as per injury certificate, he suffered abrasion of left knee, contusion of left knee, bruise on middle of left foot, purple contusion with CLW and swelling, fracture on pelvi region and 1st metatarsal bone (lt.). The permanent physical impairment of (Rt) lower limb is assessed at 8%.
There was no mention of hospitalization in the injury certificate. Therefore considering the nature of injury of two fractures, and all other attending circumstances the Tribunal has awarded a lump sum amount of Rs.15000/.
5.0 Learned advocate for the appellant is not in a position to point out anything from the record to take a contrary view of the matter. I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. The appeal is therefore dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru*