Judgment:
G.S. Sarraf, J.
1. These five appeals have been filed under Section 173 of the Motor Vehicles Act against the judgment/award dated 19.3.1996 of the Motor Accident Claims Tribunal, Jaipur City, Jaipur.
2. Briefly stated the facts are that the bus RJ 19P P11 driven rashly and negligently by respondent No. 1 hit the jeep RST 1262 at about 6.00 a.m. on 9.5.1992 in front of the Pink City Petrol Pump, Jaipur. The appellants who were travelling by the jeep suffered injuries in the accident. After hearing the parties the learned Tribunal by a common judgment dated 19.3.1996 passed an award in favour of the claimants-appellants as under:
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Name of claimant-appellant Appeal No. Award Amount
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Raju Sharma 628/96 Rs. 30,000
Boduram 620/96 Rs. 30,000
Ram Dayal 630/96 Rs. 45,000
Roodmal 631/96 Rs. 5,000
Smt. Nathi Devi 633/96 Rs. 15,000
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3. Aggrieved by the judgment/award the claimant-appellants have filed these five appeals.
4. Mr. K.N. Tiwari, learned Counsel for the appellants has submitted that the compensation awarded by the learned Tribunal in the five cases is grossly inadequate and, therefore, it should be reasonably increased.
5. Mr. R.S. Agrawal and Mr. Shyam Prakash Sharma learned Counsels for the respondents have supported the judgment of the learned Tribunal.
6. In Appeal No. 628/96 the claimant-appellant has suffered two injuries as per the injury report Ex. 58 out of which the injury suffered on right knee is grievous as per the X-ray report Ex. 57. According to the disability certificate Ex. 47 proved by Dr. M.K. Mathur A.W. 5 the appellant had 6% permanent disability in right lower limb. The appellant Raju Sharma A.W. 7 has stated in his cross-examination that he has filed one or more bills amounting to Rs. 100 or 150. The learned Tribunal has awarded Rs. 30,000 as compensation. Looking to the facts and circumstances of the case 1 am of the opinion that the amount awarded by the Tribunal is fair and reasonable and there is no ground for enhancement.
7. In Appeal No. 620/96 the appellant Boduram has suffered three injuries according to the injury report Ex. 45 out of which one injury (fracture of nasal bone) is grievous as per the X-ray report Ex. 46. According to the disability certificate Ex. A2 proved by Dr. M.K. Mathur A.W. 5 the claimant appellant suffered 10% permanent disability (disfiguration) on account of fracture of the nasal bone. The claimant has produced a bill of Rs. 80 only. The learned Tribunal has awarded Rs. 30,000 as compensation, I am of the opinion that looking to the facts and circumstances of the case the amount awarded is fair and reasonable and there is no ground for enhancement.
8. In Appeal No, 630/96 the claimant-appellant Ram Dayal suffered five Injuries as per the Injury report Ix, 40 out of which one Injury (dislocation of teeth) Is grievous as per the X-ray report Ex. 41, According to the permanent disability certificate Ex, 23 proved by Dr, M,K. Mathur the claimant-appellant suffered 24% permanent disability on account of loss of teeth, The claimant-appellant Ram Dayal has admitted In his cross-examination that he has produced bills amounting to Rs. 1,110 only. The learned Tribunal has awarded Rs. 45,000 as compensation. Looking to the nature of the Injuries, extent of disability and considering all the facts and circumstances of the case the amount of compensation is increased from Rs. 45,000 to Rs. 55,000.
9. In appeal No. 631/96 there is no injury report of the claimant appellant Roodmal. However, there is a permanent disability certificate Ex. 18 according to which there is 5%disability in left lower limb on account of injury on knee. It is very interesting to note that without any injury report or X-ray report permanent disability certificate has been issued on 30.11.1994 with regard to an accident which occurred on 9.5.1992. The claimant-appellant has produced bills Exs. 20 and 21 amounting to Rs. 42. The learned Tribunal has very generously awarded Rs. 5,000 as compensation. There is absolutely no ground for enhancement.
10. In Appeal No. 633/96 Smt. Nathi Devi has two simple injuries according to injury report Ex. 51 and X-ray report Ex. 52. According to permanent disability certificate Ex. 48 as proved by Dr. M.K. Mathur A.W. 5 she suffered 5% permanent disfiguration. The learned Tribunal has very generously awarded Rs. 15,000 as compensation. There is absolutely no ground for enhancement.
11. Consequently the Appeal Nos. 628/96, 620/96, 631/96 and 633/96 are dismissed and Appeal No. 630/96 is allowed to the extent stated above and the amount of compensation awarded to the claimant-appellant Ram Dayal is increased from Rs. 45,000 to Rs. 55,000. The claimant-appellant will be entitled to interest at the rate of 6% per annum from the date of the award of the learned Tribunal to the date of deposit/realisation on the enhanced amount. If the aforesaid amount is not paid or deposited within a period of three months then the respondents will have to pay interest at the rate of 12% per annum. The learned Tribunal shall deposit the enhanced amount in the name of the claimant-appellant by way of F.D. in a nationalised bank for a period of 5 years. The claimant-appellant will get the interest quarterly but no advance of any kind or premature encashment shall be permitted in respect of the said amount. No order as to costs.