In the High Court of Punjab and Haryana at Chandigarh F.A.O. No. 2791 of 2007 Date of decision: July 02, 2009 Krishan Kumar .. Appellant Vs. Sri Pal and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Parminder Singh, Advocate for the appellant. Mr. Sandeep Suri, Advocate for the respondent No.4-Insurance Company. A.N. Jindal, J The claimant Krishan Kumar has prayed for modification of the award dated 27.10.2006 passed by the Motor Accident Claims Tribunal, Karnal, whereby a sum of Rs.3,05,000/- was awarded as compensation for 75% disability due to the amputation of the right lower limb below knee, against the respondents. On 8.7.2005, when the claimant, after purchasing fruits from Gharaunda vegetable market for his shop, was going on his motor cycle bearing registration No.HR05-J-3584, to his village Chaura, then at about 8.15 a.m. when he reached near the turning of the grain market Gharaunda, then the respondent No.1 while driving bus bearing registration No.HR69- 2010 came from the side of Gharaunda rashly and negligently and hit the motor cycle of the claimant. Resultantly, he fell down in front of the bus and suffered injuries. As against the claim to the tune of Rs.15,00,000/-, set up by the claimant, the Tribunal awarded a sum of Rs.3,05,000/- to him vide award as referred to above. Aggrieved by the said award, this appeal has been preferred. The claimant was 35 years old, received injuries in the right lower limb which was ultimately amputated below the knee. The claimant remained admitted in the hospital w.e.f. 23.8.2005 to 20.9.2005 which is proved from the slip Ex.P3. Dr. Rakesh Girdhar (PW2) proved the disability certificate Ex.P5 which reveals that he suffered 75% disability. The claimant has also F.A.O. No. 2791 of 2007 -2- *** duly proved the medical bills Ex.P6 to Ex.P16 of Rs.78000/- charged by Dr. K.C. Sachdeva. He has further stated that he was having a vegetable shop and was earning Rs.8000/- per month. Since the claimant has not brought any documentary evidence in order to prove his income therefore, the Tribunal, after treating him as a labourer assessed his income as Rs.2500/- per month. But, I do not agree with this observation of the Tribunal as in these days even a casual labourer does not earn less than Rs.3000/-, therefore, his income should have been assessed at Rs.3000/- and after making deduction of Rs.1000/- his contribution towards the family comes to Rs.2000/-. The claimant has been crippled for rest of his life. Therefore the loss of his future earnings comes to Rs.2,50,000/-. No amount of compensation was awarded to the claimant for future medicines, transplantation of the artificial limb, attendant, future transportation charges, nourishment and mental agony as was assessed in case Metropolitan Transport Corporation Limited vs. N. Kaliaperumal, 2007 ACJ 1960. Consequently, in view of the facts and circumstances of the case, the claimant deserves to be awarded compensation on the following heads :- 1. Loss of income during hospitalization Rs.14000/- 2. Pain and sufferings Rs.15000/- 3. Mental agony Rs.30000/- 4. Loss of future earning capacity Rs.2,50,000/- 5. Amount paid to the attendant Rs.15000/- 6. Transportation charges Rs.15000/- 7. Extra nourishment diet Rs.8000/- 8. Medical bills and future treatment Rs.78000/- Total Rs.4,25,000/- Since, on account of the loss of the right limb, the claimant is unable to do the physical work and he needs support through out his life and his status in the society has also damaged. Though, this loss suffered by him cannot be compensated in terms of money, yet a sum Rs.4,25,000/- in lump sum is awarded as compensation for his survival in life which is F.A.O. No. 2791 of 2007 -3- *** deemed to be appropriate and reasonable. Consequently, the appeal is partly allowed, the amount awarded to the claimant by the Tribunal is enhanced to Rs.4,25,000/- along with interest @ 7.5% per annum from the date of filing of the claim petition till realization of the award amount. July 02, 2009 (A.N. Jindal) deepak Judge