Hon'ble LODHA, J.—This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against judgment and award dated 3.8.2004 of Motor Accident Claims Tribunal, Pratapgarh passed in Claim Case No. 21/2003.

2. The brief facts in nutshell are that on 4.3.2002 two brothers Shripal and Mahaveer while coming from Mandsaur to Pratapgarh on a motor cycle were hit by a bus of he appellant corporation driven in rash and negligent manner by its driver Anwar Khan the respondent No.2 herein. As a result of the accident, Shripal died on the spot and Mahaveer suffered injuries.

3. The respondent No.1 Mahaveer filed a claim petition claiming compensation a sum of Rs. 2,36,000/-. The Tribunal determined the compensation payable a sum of Rs. 50,358.50/-. Hence, this appeal on behalf of the appellant Corporation the owner of the vehicle.

4. Learned counsel for the appellants contended that the compensation awarded by the Tribunal in favour of the respondent/ claimant is in much higher side. Learned counsel submitted that the all the injuries suffered by the respondent/claimant were found to be simple in nature and therefore, the Tribunal has seriously erred in awarding a sum of Rs. 18,000/- towards the loss of the income during the treatment taking monthly loss to be Rs. 3,000/- for a period of six months. It is submitted that a sum of Rs. 14,358/- awarded by the Tribunal towards the medical expenses is also in the higher side.

5. Learned counsel appearing for the respondents submitted that as a matter of fact, the compensation awarded by the Tribunal looking to the number of injuries suffered by the respondent/claimant is too meager. Learned counsel submitted that the Tribunal has seriously erred in not awarding the interest on the amount of compensation payable from the date of filing of the claim petition.

6. Indisputably, the respondent/claimant has suffered 14 simple injuries and therefore the Tribunal has awarded a sum of Rs. 14,000/- for the injuries suffered. An amount of Rs. 3,000/- awarded by the tribunal towards the pain and sufferings also cannot be said to be in higher side. The compensation of Rs. 14,358.50 awarded towards the medical expenses was supported by the documentary evidence on record. It is true that looking to the nature of injuries an amount of Rs. 18,000/- awarded by the Tribunal is in the higher side but then the Tribunal has awarded the interest @ % only in case of failure of the part of the appellant/non-claimant in making payment of compensation within a period of one month. Suffice it to say that on the totality of the facts and in the circumstances of the case if the amount of compensation awarded towards the loss of income is reduced and the interest is awarded then the total amount payable to the appellant in terms of the award is not going to be reduced substantially and therefore, this Court is not inclined to interfere with the impugned awarded in exercise of its appellate jurisdiction.

7. No other point has been pressed by the learned counsel for the appellants.

8. In the result, the appeal fails it is hereby dismissed. No order as to costs.

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