JUDGMENT
Deepak Verma, J.
1. With consent arguments heard on merits.
In a motor accident, the present appellant, now aged about 60 years, had sustained injuries in his backbone at L-4 and L-5. He was medically treated in several hospitals by many doctors. According to doctors his partial permanent disability in the backbone was to the tune of 33%. However, in the evidence of Dr. R.N. Jaiswal he admitted that the appellant was already suffering from lumber spondilitis. But it cannot be disputed that on account of the accident the same must have aggravated. Doctors have also opined that in future he may require to undergo an operation. He is an agriculturist by profession and as per his statement, which is refuted by respondents, he was earning Rs. 5,000/- per month. The Claims Tribunal after appreciating the evidence available on record has awarded a total amount of Rs. 8,000/-.
2. After having heard learned Counsel for the parties and after perusal of the record, we find that the compensation awarded to the appellant is on the lower side. The same deserves to be enhanced. Looking to the totality of the circumstances, we direct that the appellant would be entitled to receive a total amount of Rs. 80,000/- from the respondents jointly and severally, inclusive of medical expenses. The difference amount would carry interest at the rate of 8% per annum from the date of application till it is actually paid.
3. The impugned award is accordingly modified to the extent that appellant would be entitled to receive in all a sum of Rs. 80,000/- from the respondents jointly and severally. The appeal is, thus, allowed partly to the extent mentioned above, with costs throughout. Counsel’s fee Rs. 1,000/-, if certified.
