Shri Deepak Gupta, C.J.

1. This appeal for enhancement of compensation by the claimant/Appellant is directed against the award dated 7.1.2006 passed by the Additional Motor Accidents Claims Tribunal, Dhamtari in Claim Case No. 517 of 2002, whereby the Claims Tribunal has awarded compensation of Rs. 1,19,000/- to the claimant.

2. The undisputed facts are that an accident took place on 29.8.2001. In this accident, the claimant suffered injuries and the main injury was fracture to the left hip joint. He was admitted in the hospital on 29.8.2001 and remained admitted there upto 26.9.2001. During his stay in the hospital, he was operated by Dr. Iqbal Parvez (PW-2) on 4.9.2001 and a surgical implant was inserted in his hip joint. The disability has been assessed at 40%. The Learned Claims Tribunal has assessed the income of the claimant/Appellant at Rs. 15,000/- per year and assessed compensation accordingly.

3. Learned Counsel for the Appellant submits that the Learned Claims Tribunal gravely erred in assessing the income of the Appellant only at Rs. 15,000/- per year. She submits that the Appellant was aged about 42 years and it was his evidence that he used to work as Munshi an