Neutral Citation No. - 2025:AHC:60681 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 2030 of 2004 Appellant :- Hira Lal Respondent :- The New India Assurance Co. Ltd. And Another Counsel for Appellant :- Sharve Singh,A.L. Jaiswal Counsel for Respondent :- Manvendra Singh,Rajeev Chaddha Hon'ble Vipin Chandra Dixit,J. Heard Smt. Neerja Singh, Advocate holding brief of Sri Sharve Singh, learned counsel for the appellant and Sri Rajeev Chaddha, learned counsel for the Insurance Company-respondent no.1. No one is present for respondent no.2, who is owner of the vehicle. This first appeal from order has been filed by the appellant- claimant for enhancement of compensation against the judgment and award dated 29.5.2004 passed by Motor Accident Claim Tribunal, Court No.6, Allahabad in M.A.C.P. No.489 of 1999 (Hira Lal vs. Bhullu and others), by which compensation of Rs.1,32,600/- has been awarded to the claimant on account of injuries received by him in a road accident. It is submitted by learned counsel for the appellant that compensation awarded by the Claim Tribunal is too meagre. The claimant- appellant had received grievous injuries in the accident and his both legs were got fractured. The claimant-appellant was driver of the truck and on account of injuries received in the accident he is unable to drive the vehicle and there is 100% loss of earning capacity. The Claims Tribunal has erred in accepting only 20% loss of earning capacity. It is further submitted that nothing has been awarded towards pain and suffering. The Claim Tribunal has also erred in not awarding any interest on the awarded amount. On the other hand, Sri Rajeev Chaddha, learned counsel appearing for Insurance Company-respondent no.1 submits that the Claim Tribunal, after considering the entire evidence and materials available on record, has awarded just compensation. As per disability certificate filed and relied upon by the claimant, there was 20% disability to the claimant. The Claims Tribunal has rightly considered the loss of earning capacity as 20% relying on the disability certificate. The compensation awarded is just and proper and no ground for interference is made out. Considered the rival submissions of learned counsels for the parties and perused the record. It was the case of the claimant that he received grievous injuries in the accident and his both legs were fractured. He spent huge amount in his treatment. Disability certificate filed and relied by the claimant discloses 20% disability. The claimant has not adduced any evidence that he is unable to drive the vehicle and has surrendered his driving licence. The Claims Tribunal has rightly assessed the loss of earning capacity relying on disability certificate. From perusal of the impugned award, it is apparent that interest has not been awarded by the Claims Tribunal and no amount towards pain and suffering was awarded whereas the injured is entitled to interest as well as compensation towards pain and suffering. In view of above, the First appeal From Order is partly allowed. The compensation of Claims Tribunal is enhanced from Rs.1,32,600/- to Rs.1,50,000/- The claimant-appellant is also entitled for 6% interest on the awarded amount from the date of filing of claim petition till the date of award and on enhanced amount from the date of award till payment. Respondent-Insurance Company is directed to pay enhanced amount alongwith interest within two months from date. No order as to costs. Order Date :- 22.4.2025 P.P. Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad