Neutral Citation No. - 2025:AHC:66448 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 76 of 2008 Appellant :- Ram Akshaibar Respondent :- New India Assurance Co. Ltd. And Another Counsel for Appellant :- Sharve Singh,A.L. Jaiswal Counsel for Respondent :- Vipul Kumar Hon'ble Vipin Chandra Dixit,J. Heard Sri Sharve Singh, learned counsel for the appellant and Sri Vipul Kumar, learned counsel for respondent no. 1/Insurance Company. No one is present on behalf of respondent no. 2, who is owner of the vehicle. This first appeal from order has been filed on behalf of claimant- appellant under Section 173 of the Motor Vehicle Act, 1988 for enhancement of compensation against the judgement and award dated 05.10.2007 passed by Special Judge (E.C. Act)/Motor Accident Claims Tribunal, Allahabad, in M.A.C.P. No. 174 of 2001 (Ram Akshaibar vs. Devi Shanker Awasthi and another.), by which, compensation of Rs. 2,500/- along with 6% interest has been awarded on account of injuries received by the claimant- appellant in a road accident. It is submitted by learned counsel for the appellant that the claimant had received grievous injuries in the accident dated 09.03.2000 and his leg was operated in Sangam Hospital and he spent Rs. 20,000/- in his treatment. Since, he could not be able to make payment, the hospital has not given him any receipt. The claims tribunal has erred in disbelieving the expenditure occurred in his treatment and has awarded only Rs. 2,500/-. No other ground has been pressed by learned counsel for the claimant- appellant for enhancement of compensation. On the other hand, learned counsel appearing on behalf of respondent/Insurance Company submits that the injuries received by the claimant is simple in nature and no documentary evidence has been adduced by the claimant to prove the medical expenditure. The compensation awarded by the claims tribunal to the appellant is just and proper and no ground for enhancement is made out. Considered the submissions of learned counsel for the parties and perused the record. The claimant appeared as PW-1 and has stated on oath that his leg was operated in Sangam Hospital and he spent Rs. 20,000/- in his medical treatment, but since, he was unable to make payment to the hospital, the hospital did not issue receipt regarding medical expenses. No evidence has been adduced by the Insurance Company in rebuttal. The claims tribunal has erred in disbelieving the medical expenses occurred in the treatment of claimant. In view of above, the first appeal from order is partly allowed and the compensation awarded by the claims tribunal is enhanced from Rs. 2,500/- to Rs. 20,000/-. The claimant-appellant is also entitled for interest @ 6% on the enhanced amount from the date of judgment and award of the claims tribunal i.e. 05.10.2007. The respondent/Insurance Company is directed to pay the enhanced amount along with interest within a period of two months from the date. Order Date :- 29.4.2025 sailesh Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad