1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR J U D G M E N T CIVIL MISC. APPEAL No. 452 of 1997 HALIM KHAN V/S MADAN SINGH & ORS Date of Judment : 26.9.2008 HON'BLE SHRI N P GUPTA,J. Mr. D.S.SODHA for Mr. KULDEEP MATHUR, for the appellant Mr. JK CHANDA, for the respondent BY THE COURT: The claimant seeks to challenge the award of the Motor Accident Claims Tribunal, Barmer dated 28.1.1997, passed in favour of the claimant, awarding a total compensation of Rs.81,882/-, along with interest @ 12%. The claim was lodged by the appellant for personal injury. Since the question of negligence etc. is not in controversy, I need not detain myself on that aspect. So far as the facts, relevant for the quantum are concerned, the claimant was working as a labour/porter and has deposed to be earning Rs.100-125 per day. In the accident, right hand of the claimant was damaged, in the manner, that he received communicated fracture in the wrist, being fracture of shafts of radius and ulna, some part of the styloid and some metacarpal bones were also broken. On X-Ray, it was found, that first and fifth metacarpal, proximal phalanx of middle finger and distal 2 phalanxes of ring finger and of thumb were found fractured. According to the claimant he was brought to Barmer, and admitted there. Then he was referred to Mehsana, there he remained hospitalised for about more than a month, his hand was operated. Then after 20 days yet another operation was performed, wherein bone grafting was done, and even now his fingers and hand do not at all move. Thus, it has become totally useless. Then he has produced the documents about medical expenditure. The claimant also examined the doctor, A.W.2, N.K. Goyal, who, apart from deposing the injuries, has deposed after examining the hand in the Court, that the right hand has been rendered completely useless. I find the photograph of the claimant available at page c8/2, the photo tallies with the photo of the claimant affixed in the claim petition, and from a look at these photos available at page c8/2, it is clear, that the right hand of the claimant has been rendered completely useless, not capable of undertaking any activity. The learned Tribunal has awarded a sum of Rs.7000/-, relying on Section 163A, (Rs.5000/- for one grievous injury and Rs.2000/- for two simple injuries). Then Rs.5000/- had been awarded for mental pain and agony for long hospitalisation. Then sum of Rs.16,882/- has been awarded as medical expenditure, and Rs.50,000/- has been awarded for future loss of earnings. It is contended, that the amount awarded is grossly inadequate. 3 In my view, obviously the amount awarded is grossly inadequate, inasmuch as, even going by the findings of the learned Tribunal, about the claimant's entitlement of Rs.5000/- for each grievous injury, according to the evidence of A.W.2, doctor, the claimant had 8 fractures, and 1 communicated fracture of wrist, and therefore, even on that basis, he was entitled to be awarded at least Rs.45,000/- instead of Rs.5000/- as awarded. Likewise, the amount of Rs.5000/- awarded for mental pain and agony also is grossly inadequate, more so when the appellant had remained hospitalised for long time, and had suffered multiple operations, including bone grafting, and still the hand has been rendered useless. In such circumstances, even under this head, in my view, another sum of Rs.10,000/- more was required to be awarded. Thus, the total amount awarded by the learned Tribunal is required to be enhanced by another sum of Rs.50,000/-. Consequently, the appeal is allowed, and the compensation awarded by the learned Tribunal is enhanced by another sum of Rs.50,000/-, as detailed above. ( N P GUPTA ),J. /tarun/