A.M. Sapre, J:

1. Claimant is in appeal under Section 173 of the Motor Vehicles Act against an award, dated 29th January, 2009, passed by learned 13th Additional Member, Motor Accident Claims Tribunal, Indore in Claim Case No. 48 of 2007. By impugned award, the learned Member of Claims Tribunal has awarded a total compensation of Rs. 54,451/- together with interest at the rate of 7.5% per annum from the date of claim petition till realization for the injuries sustained by the claimant. According to claimant, the compensation awarded by the Tribunal is on lower side and hence, need to be enhanced so as to make it reasonable, adequate, proper and in conformity with the provisions of Motor Vehicles Act. It is essentially for this reason, the claimant has filed this appeal claiming enhancement in the compensation. So the short question that arises for consideration in this appeal is, whether any case for enhancement in the compensation awarded by the Tribunal is made out and if so, to what extent?

2. In view of short controversy involved in the appeal, it is really not necessary to take note of the facts in detail except those which are necessary. It is also for the reason that findings in relation to nature of accident, how it occurred, who was responsible for causing injury, liability, etc., are decided in favour of claimant by the Tribunal. In the absence of any challenge to these findings by the respondents, by not filing any cross appeal or cross objection, these findings have become final.

3. This is a case of injury suffered by claimant-Narayan, aged 33 years, a labourer by profession in vehicular accident that occurred on 20th January, 2006 while he was coming towards Boodi Barlai from Arjun Badoda in a Matador. It was at that time, offending vehicle bearing No. G.J.-6W-9055 owned by respondent No. 2, driven by respondent No. 1 and insured with respondent No. 3 hit the vehicle in which he was travelling, causing him serious injuries in his right leg (fracture in right lower limb). According to claimant, he was hospitalized for undergoing operations and he actually underwent operations in hospital. According to doctor, the permanent disability is to the extent of 36%. It is according to claimant proved in evidence also. The Claims Tribunal on appreciating the entire evidence adduced by the claimant awarded a total compensation of Rs. 54,451/- towards the injuries sustained by him, expenses incurred, disability occurred and lastly pain and suffering. It is this determination, which is impugned by the claimant, being on lower side hence, this appeal for enhancement.

4. Heard Ms. Vineeta Agrawal, learned Counsel for the appellant and Mr. R.J. Pandit, learned Counsel for respondent No. 3-Insurance Company. None for the other respondents, though served.

5. Having heard learned Counsel for the parties and having perused record of the case, I am inclined to allow the appeal in part.

6. I have gone through the evidence adduced by the claimant on the issue of injury sustained by him. In my opinion, taking into consideration the nature of injury, the extent of damage caused in his right leg to the extent of 24%. Partial disability occurred in the body of appellant (claimant) as a result of which he claims to be not as fit as he was prior to accident in his day to day work, resulting in reducing his capacity to some extent to work, the expenditure incurred in receiving medical treatment in actual and to be incurred in future, the future loss and mental pain/suffering suffered due to his involvement in accident and disability occurred. Consider it proper to enhance in lump sum the compensation from Rs. 54,451/- to Rs. 75,000/-. In other words, in my view, the claimant is held entitled for a total sum of Rs. 75,000/- by way of compensation for the injuries sustained by him.

7. The compensation awarded to the claimant is just, reasonable and proper looking to the facts and circumstances of the case and taking into account the law laid down by the Supreme Court in these types of cases in relation to several heads taken note of supra with reference to evidence brought on record by the parties. Indeed in such cases, no fixed and any static formula as such is provided for determining the compensation and the same is required to be determined on the basis of totality of evidence adduced and the relevant factors which are required to be taken into consideration as mentioned (supra). It is on this basis, the Courts have to work out award of reasonable compensation to the claimant for the injuries sustained.

8. Learned Counsel for the appellant cited some authorities for claiming enhancement. I have gone through these authorities. In my opinion and as observed supra, every case depends upon facts of each case and one can rely upon the cases for awarding compensation. Indeed taking into consideration th

ese authorities and then applying the law so laid down to the facts of this case. I have arrived at the figure of enhanced compensation mentioned (supra). 9. In this view of the matter, the appeal succeeds and is allowed in part. Impugned award is modified to the extent indicated above. The enhanced sum will carry interest at the rate of 6% p.a. from the date of application till realization. All other findings are upheld being not under challenge. Counsel fees Rs. 500/- , if certified. Appeal partly allowed.