Full Judgment
Deepak Verma, J.
1. I.A. No. 1212 of 2003 has been filed by appellant for dispensing with service of notice on respondent No. 1, driver of one of the offending vehicle. He was ex parte before the Tribunal. Application perused and considered. It is allowed. I.A. stands closed.
2. With consent arguments heard on merits.
3. For the injuries sustained by the appellant in a motor accident, the Claims Tribunal has awarded a sum of Rs. 55,500/- to the appellant in M.V. Case No. 10 of 2001, decided on 9.3.2002.
4. Appellant was travelling in a jeep, which was dashed on account of rash and negligent driving of the truck driven by respondent No. 1 owned by respondent No. 2 and insured with respondent No. 3. On account of the injuries received by the appellant he filed a claim petition, According to him 'his left shoulder was badly affected. He was required to be admitted in hospital for number of days. It is said that he was aged 35 years at the time of the accident and was doing Kirana business. He was also an income tax payee. Considering the evidence available on record, the Claims Tribunal has awarded the aforesaid sum. The appeal is for enhancement.
5. After having heard the learned Counsel for the appellant and after perusal of the record we find that the amount awarded to the appellant is on the lower side. The injury on his left shoulder is to the extent of 26% as has been certified by the doctor. The medical certificates and treatment papers have been filed. Considering all the facts and features of the case we are of the opinion that a sum of Rs. 1,25,000/- including medical expenses would be just and proper compensation.
6. Accordingly, the impugned award is modified to the extent that the appellant would be entitled to receive front respondent Nos. 1, 2 and 3 a sum of Rs. 1,25,000/- in all. The difference amount shall carry interest at the rate of 8% per annum from the date of application till it is actually paid. The appeal is, accordingly allowed to the extent mentioned above, with costs throughout. Counsel's fee Rs. 1,000/- if certified.