JUDGMENT
D.M. Dharmadhikari, J.
1. This is an appeal by the claimant against the award dated 23.11.1990, of the Motor Accidents Claims Tribunal, Gwalior, whereby the quantum of compensation awarded is sought to be enhanced.
2. The facts briefly stated are: In a scooter accident which took place on 12.1.1987, the appellant suffered injury resulting in fracture of his tibia and fibula bones. This resulted in shortening of leg by 2 cm. He took medical treatment for a period of five months. Learned Member of the Claims Tribunal awarded him a sum of Rs. 20,000/- towards the disability caused to him by shortening of leg. Separate sum of Rs. 5,000/- to meet special diet and medicine expenses was awarded. Under the head of general damages a sum of Rs. 2,000/- was awarded for pain and suffering. In the manner aforesaid a total sum of Rs. 27,000/- was awarded by the Claims Tribunal.
3. Learned counsel appearing for the claimant in this appeal claims a sum of Rs. 1,00,000/- under the head of permanent disability and a sum of Rs. 10,000/- under the head of pain and suffering. Under the head of medical expenses a total claim made is Rs. 6,000/- apart from the above. Under the head of 5 months’ loss of salary a sum of Rs. 8,500/- has been claimed. Reliance is placed on the decisions reported in State of Orissa v. Prafulla Kumar Satpathy 1989 ACJ 384 (Orissa), New India Assurance Co. Ltd. v. Ramchandra 1990 ACJ 206 (MP) and an unreported decision of this court in Misc. Appeal No. 25 of 1989; decided on 8.4.1994. Learned counsel appealing for the insurance company opposes the appeal and submits that the quantum determined by the Tribunal deserves to be confirmed, which is also supported by the decisions in Bhanwarlal v. Kabulsingh 1989 ACJ 189 (MP), Salauddin v. Raju 1990 (II) MPWN 45 and Bhagchand v. Kishanlal 1991 ACJ 1074 (MP).
4. While deciding this appeal it was brought to our notice that the Motor Vehicles Act, 1988, has been drastically amended by Motor Vehicles (Amendment) Act, 1994, which provides for fixation of quantum of compensation on the basis of a Schedule. It is pointed out that for general damages in case of disabilities due to grievous injuries a sum of Rs. 5,000/- has been fixed. It is no doubt true that this being an accident of the year 1987 prior to the coining in force of the Amendment Act, 1994, the quantum fixed in this Schedule would not govern the quantum in this case. The learned counsel for the appellant is, however, right in relying on the decisions rendered prior to this amendment in which a sum of Rs. 5,000/- has been awarded as general damages for pain and suffering due to grievous injuries caused in the accident. In our opinion, therefore, the amount of compensation towards pain and suffering deserves to be enhanced by a sum of Rs. 3,000/-.
5. On the question of permanent disability the sum awarded is Rs. 20,000/-. In this case it has been proved that there has been shortening of leg by 2 cm., which has resulted in permanent disability and would deprive him of enjoyment of life for the remaining life span of the claimant. The amount of compensation under this head is, therefore, enhanced by a sum of Rs. 3,000.
6. So far as the claim towards five months’ salary is concerned, we have carefully looked into the records and we find that the claimant has led no evidence to prove this head of his claim. There is no evidence that he was employed in the M.P. Electricity Board on the post of Divisional Accountant. Neither the salary certificate nor the documents showing his leave account has been produced. Even in his testimony the claimant does not state that he was employed in M.P. Electricity Board and because of his medical leave there was loss of 5 months’ salary, which he could not encash at the time of his retirement. Taking into consideration the present trend with regard to quantum of compensation this appeal only partly succeeds by enhancing the amount of compensation under the head of general damages from Rs. 2,000/- to Rs. 5,000/- and under the head of permanent disability from Rs. 20,000/- to Rs. 23,000/-. The enhanced amount of compensation amounting to Rs. 6,000/- shall carry interest at the rate of 12 per cent per annum from the date of this order till payment.
7. Lastly, it was submitted that the amount deserves to be enhanced also under the head of expenses on special diet and medicines. In the claim petition the amount claimed under this head is Rs. 11,400/- and no bills or vouchers have been brought on record, yet the learned Tribunal awarded a sum of Rs. 5,000/-, which, according to us, is just and sufficient.
8. Accordingly, the appeal is partly allowed, as directed above.