ORDER

This miscellaneous appeal has been preferred by the appellant/claimant for enhancement of the amount awarded by 4th Additional MACT, Fast Track Court, Shivpuri in Claim Case No.52/2009 whereby MACT has awarded an amount of Rs. 54,270/- alongwith interest @ 7.5% per annum to the claimant for the injuries suffered in a vehicle accident.

2 . The necessary facts for disposal of this appeal are that on 1.6.2009 deceased Ashok Jatav along with his wife Harkuwar and one Badri was going on motorcycle from Manopur to Bus-stand Kailaras. Before Jagatpur driver of truck bearing No.UP 78 AT 3812 by driving the said truck rashly & negaligently came from the side of Shivpuri and dashed the motorcycle of Ashok Jatav, as a result of which Ashok Jatav died on the spot and Harkuwar and Badri suffered grievous injuries.

3. Learned counsel for the appellant submits that appellant was 20 years of age at the time of accident and was working as labourer and was earning Rs.100- 125/- per month. The learned Claims Tribunal has discussed the evidence of Dr. S.N.Bhilwar (PW-5) in para 18 of the award and as per his evidence appellant suffered 44.6% permanent disability. However, the learned Claims