1. Appellant/claimant Prakash Chand Jain is seeking enhancement of the compensation awarded by 12th Additional Motor Accident Claims Tribunal, Durg (for short the Tribunal)vide award dated 9.11.2009, passed in Claim Case No. 87/2009.

2. As against the compensation of Rs. 30,00,000 claimed by the appellant/claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 25.6.2004, the Tribunal awarded a total sum of Rs. 1,04,444 as compensation to the claimant along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

3. The Tribunal on a close scrutiny of the entire evidence led before it held the United India Insurance Company Limited, the insurer of the offending vehicle Santro Car bearing registration No. CG-07-2977, liable to pay compensation to the claimant.

4. As the insurer of the above offending vehicle Santro Car has not filed any appeal against the impugned award challenging the above finding recorded by the Tribunal, the same now has attained finality.

5. The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident and the amount proved to have been spent on treatment, awarded Rs. 84,444 towards medical expenses; Rs. 9,000 towards loss of income during the period of treatment; Rs. 6,000 for special diet and conveyance; and Rs. 5,000 for pain and suffering. The Tribunal, thus, awarded a total sum of Rs. 1,04,444 as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,04,444 @ 6 % per annum from the date of filing of the claim petition till the date of actual payment.

6. Mr. Amiyakant Tiwari, learned Counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs. 1,04,444 only though the appellant/ claimant sustained multiple serious injuries including fracture of his left femur bone in the motor accident resulting in permanent disability to the extent of 40%..

7. Mr. Shreekumar Agrawal, learned Senior Counsel with Mr. Goutam Khetrapal, learned Counsel for respondent No. 3, the United India Insurance Company Limited, the insurer of the offending vehicle Santro Car, on the other hand, supported the award and contended that the compensation of Rs. 1,04,444 awarded by the Tribunal can never be termed as inadequate so as to warrant enhancement in this appeal.

8. Mr. Arun Kochar, learned Counsel for respondents No. 1 Narendra Kumar and No. 2 Mrs. Lata Sachdev, the driver and owner of the offending vehicle Santro Car, also supported the award.

9. Claimant Prakash Chand Jain, was aged about 62 years on the date of the accident. The claimant pleaded that he used to earn Rs. 10,000 per month from agriculture and by working as Correspondent. The claimant sustained multiple serious injuries including fracture of his left femur bone in the motor accident is borne out from the evidence available on record. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant on account of the fracture of his left femur bone must have remained bedridden for a period of about 2-3 months and could not have undertaken agricultural operations and his duties as correspondent, resulting in monetary loss to him.

10. The compensation of Rs. 1,04,444 awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced suitably.

11. Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs. 21,000 inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs. 1,04,444 awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case.

12. The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs. 21,000 inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs. 1,04,444 awarded by the Tribunal.

13. Respondent No. 3 the United India Insurance Company Limited is granted three months time for depositing the total sum of Rs. 21,000 (Rupees twenty-one thousand only) before the concerning Claims Tribunal.

14. No order as to costs.