1 fa917-99 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION FIRST APPEAL NO.917 OF 1999 Shankar Pandurang Gaikwad .. Appellant V/s. M/s. Tristar Container & Cargo Mover's & Anr. .. Respondents ..... Mr. Sagar Joshi i/b. Mr. S. M. Oak for the appellant. None for the respondents. ..... CORAM : A.S.OKA, J. DATE : JULY 11, 2011. ORAL JUDGMENT : Heard the learned counsel appearing for the appellant. None appears for the second respondent which is the contesting respondent. 2. Appellant is a claimant in a claim petition filed under Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as “the said Act”). The accident occurred on 3rd February, 1991. The appellant was working as a watchman and labourer on a site of the road construction work. Appellant was doing 2 fa917-99 some work near a concrete mixing machine. At that time, a truck came in a high speed and gave a dash to concrete mixing machine. As a result of the dash, the concrete machine dashed against a road roller. Due to the said accident, both the legs of the appellant were crushed between the concrete mixing machine and the road roller. His both the legs were amputated. Initially the appellant claimed compensation of Rs.2,50,000/- and the said claim was subsequently enhanced to a sum of Rs.7,94,000/-. The Tribunal has granted compensation of Rs.3,55,000/- with interest at the rate of Rs.12% per annum. 3. The learned counsel appearing for the appellant pointed out that the evidence in the form of disability certificate at Exhibit 38 which was admitted in evidence by consent. He submitted that the disability certificate records total permanent disability of 100 percent. It also records that the left leg was amputated above the knee and the right below knee. He submitted that the compensation granted of Rs.25,000/- on account of pain and suffering is on lower side. He submitted that the compensation of R.10,000/- on account of disfiguration is again on the lower side. He submitted that only a sum of Rs. 10,000/- has been granted for medical expenses and there is no amount granted on account of special diet and conveyance 3 fa917-99 charges. The learned counsel appearing for the appellant prayed for grant of enhancement. 4. I have given careful consideration to the submissions. Paragraph Nos.3 and 4 of his deposition, the appellant has stated thus: “3. ........ I was admitted in Civil Hospital for seven months. I had to buy 3/4 bottle of blood from outside. I was prescribed special diet by the doctor and I was given cashew nuts, almond, eggs, fruits and other dry fruits. I spent about Rs.15,000/- to Rs.20,000/- on blood, special diet and conveyance. 4. After the accident, I was unable to earn anything, even now I am completely dependent on my wife. She works and maintains me. I came to court thrice and every time I have to spend Rs.500/- on conveyance.” 5. There is no cross examination made on what is stated in the examination-in-chief except for giving a suggestion that he was not possessing documentary evidence to show the expenses. In absence of any documentary evidence the leaned Tribunal has rightly granted a sum of Rs.10,000/- towards expenses on treatment. However, looking to the nature of the injuries and the fact that for a period of 7 months the appellant was hospitalized in Civil Hospital, a sum of Rs. 5,000/- on account of special diet and an amount of Rs.5,000/- on account of conveyance charges will have to be granted. 4 fa917-99 6. As far as the compensation for loss of income is concerned, considering the amputation of both the legs, a sum of Rs.2,70,000/- granted by the Tribunal is reasonable. A sum of Rs.25,000/- has been granted on account of pain and suffering as well as the loss of amenities of life. A sum of Rs. 10,000/- has been granted as a compensation for disfiguration and a sum of Rs.15,000/- has been granted for loss of expectation of life. As far as disfiguration is concerned additional amount of Rs.10,000/- deserves to be granted. The compensation granted under the other heads is reasonable. Thus, the appellant is entitled to total enhancement of Rs.20,000/-. 7. The claim petition is of the year 1991. In the circumstances, on the enhanced amount, interest deserves to be granted at the rate of Rs. 8 % per annum. 8. Hence, I pass the following order: :: O R D E R :: i. In addition to the compensation granted under the impugned Judgment and Award, the 5 fa917-99 appellant is entitled additional sum of Rs.20,000/- alongwith interest at the rate of Rs.8% per annum from the date of filing of the claim petition till realization or the deposit of the amount with the Tribunal. The second respondent is directed to deposit the additional compensation with the Tribunal within three months from today. ii. The appellant will be entitled to proportionate costs of the Appeal and the claim petition. iii. Appeal is partly allowed on the above terms. (A.S.OKA, J.)