JUDGMENT

BASANT, J.

Claimant/injured is the appellant. The court below under Section

163 A of the Motor Vehicles Act awarded an amount of Rs.78,500/- as compensation as against Rs.7,00,000/- claimed as per the details given below:-

1. Pain and suffering - Rs.5,000/-, 2. Medical expenses - Rs.15,000/-, 3. Loss of earnings - Rs.7,500/-

(6 x 1,250/-)

4. Reduction in earning capacity - Rs.51,000/-

(1250 x 12 x 17 x 8/100)

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Total Rs.78,500/-

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2. The appellant/injured/claimant claims to be aggrieved by the impugned order. What is the grievance? The learned counsel for the claimant/appellant first of all prays that notwithstanding the fact that the claim was erroneously described as one under Section 163 A of the Motor Vehicles Act, the same may be reckoned as one under Section 166 of the Motor Vehicles Act. I.A No. 441 of 2010 has been filed for that purpose. No objection has been filed. We are persuaded to feel, in the facts and circumstances of this case, that the petition deserves to be allowed in the interests of justice. We note that though the claim was described to be one under Section 163A of the Motor Vehicles Act, definite allegations were made of negligence on the