Hari Shankar Prasad, J.

1. This appeal under Clause 10 of the Letters Patent is directed against the judgment and order dated 16.1.1998, passed in Misc. Appeal No. 226/92 (R) whereby the learned Single Judge dismissed the appeal for enhancement of the awarded amount.

2. The facts of the case lie in narrow compass. The applicant-appellant, Mahli Toppo, filed a compensation case bearing No. 159/86 in which, 5th Additional Judicial Commissioner-cum-Motor Vehicles Accident Claims Tribunal Ranchi awarded a sum of Rs. 90,000/- (Ninety thousand) with interest thereon @ 12% per annum from the date of filing of the application till realization. Fact of the case is that appellant, Mahli Toppo was travelling as passenger in a bus bearing No. BPV-8094 from Nagar to Ranchi and when it reached near Bijupara village on Ranchi-Kuru PWD road at about 3.30 p.m. or so, a tanker MII-6548 belonging to one Inder Prasad Gupta, who was respondent No. 1 in the Claim Case No. 159/86, dashed against the bus. Due to rash and negligent driving by the tanker driver, the appellant was seriously injured on 11.10.1986. The appellant was removed to RMCH. Bariatu but injuries being serious one, right shoulder