JUDGMENT
Deepak Verma, J.
1. This appeal for enhancement is directed against award dated 11th September, 2001 passed by the 3rd M.A.C.T. Alirajpur, Distt. Jhabua in Claim Case No. 224/98.
2. For personal injuries sustained in a road accident, appellant filed a claim petition claiming Rs. 6,50,000/- (Six lakhs fifty thousand) as compensation from respondents.
3. Necessary facts relevant for disposal of this appeal are that on 15th June, 1998 appellant was driving bus bearing Registration No. MP-11-8935. On fateful day appellant was plying bus between Alirajpur and Bhabra. No sooner bus crossed Badichoki and reached Chichlana Puliya truck being driven by respondent 1 rashly and negligently came from opposite direction and dashed against bus. As result appellant sustained multiple injuries including fractures in both legs. At the time of accident truck belonged to respondent 2 and was insured with respondent No. 3. Respondent 4 is the owner of bus which was being driven by respondent 1.
4. On the basis of evidence on record Tribunal found that respondent 1 was responsible for causing accident on account of his rash and negligent driving of truck. It was also found that respondent 2 was owner of offending truck which was insured with respondent 3 at relevant time. Tribunal also found that appellant had sustained multiple injuries arising out of accident and had sustained permanent disability. Therefore, Tribunal awarded a total sum of Rs. 2,56,170/- (Two lakhs fifty-six thousand one hundred seventy) as compensation payable by respondents 1, 2 and 3 only. Being dissatisfied with the amount of compensation appellant is before us in appeal for enhancement as mentioned above.
5. Learned Counsel for appellant submitted that looking to nature and extent of injuries and permanent disability suffered by appellant, amount awarded by Tribunal is on lower side. On the other hand, Mr. Gupta appearing for Insurance Company submitted that amount awarded by Tribunal is just and proper.
6. We have learned Counsel for parties and have gone through evidence on record. From evidence it is clear that after accident appellant was given treatment at Alirajpur Hospital. Later on he was shifted to Baroda where he remained under treatment of Dr. Mahesh Patel. Even after prolonged treatment appellant has not fully recovered and he cannot walk without the help of crutches. Appellant had stated in his deposition that even now he is required to visit Baroda for the further treatment. Ex. P. 1 is permanent disability certificate. Perusal thereof would reveal that appellant had sustained a permanent disability to the extent of 75% in his left foot. To prove nature and extent of injury Dr. Kushwaha (A.W. 1) and Dr. Gupta (A.W. 5) were examined. Thus, it is clear from evidence that appellant had suffered a permanent disability and has lost his natural gait. He has to live with permanent disability and impairment.
7. Considering total facts and circumstances specially physical and mental agony, pain and sufferings, which appellant must have undergone and is likely to undergo in future, is beyond description. In our considered opinion appellant is entitled to recover a total sum of Rs. 4,00,000/- (Four lakh) on all pecuniary and non-pecuniary heads, inclusive of past and future medical expenses from respondents. Enhanced amount shall carry interest at the rate of 6% from the date of application till it is actually paid to appellant.
8. In view of foregoing discussion the appeal is partly allowed. Impugned award is modified to extent indicated above. Respondent 3 shall bear costs throughout. Counsel fee Rs. 1,000/- (one thousand) if certified.