OF AT GUPTA, CJ. HOM'BLE SUNSL KUIV3AR SINKA, J. Appella.nt IVJisc. AppeaJ N-o. 560 of 2003 Doman Lal Yadav, aged 36 years, son of iate Shri Keshav Ram Yadav, resident ot' Rajesh Bhavan, near Kanhaiya Puri, Kasharidih, Durg (Chhattlsgarh) {v ^ Ganpat Ram Bele, aged 27 years, son of Shri Dhansu Ram Beie, resident of Ram Nagar, Bhilai, through Shri Slngara Singh s/o Shri Pyara Singh, R/o E.W.S. 608, VaSshali Nagar, P.S. Supeia, at present address Kadambari Nagar Durg (Chhattisgarh) Singara Singh, aged 55 years, son of Shri Pyara Singh, resident of Kadambari Nagar, Durg (Chhattisgarh) The New india. insurance Company Limited, through the Branch Manager, branch office at Nandini Road, Power House Bhilai, district Durg (C.G.) yreder Seetion 173 ofthe Motor Vehicles Act. 1988 Present: Shri Somnath Verma, counsei for the appeliant. None for rsspondents No. 1 & 2. Shri Prashant Jayaswais Senior Counsel with Shri Ajay Mishra, counsei for respondent No.3. (27In September, 2010) (. V, The foliowlng order of the Court was passed by Rajeev Gupta; C.J. Appellant Doman Laf Yadav is seeking enhancement of the compensation awarded by the Flfth Additlona! Motor Accident Clajms TribunaS, Durg (for short 'the Tribunai') vide award dated 19.042003, passed in Claim Case No.94/2001. 2) As agalnst the compensation of Rs.17,99,400/- claimed by the appellant/ cJasmant by filing a ciaim petition under Section 166 of the Motor Vehictes Act for the injuries sustained by him in the motor accident on 02.02.2001, the Tribuna! awarded a totai sum of Rs.2;90,000/- as compensation atong with interest @ 8% per annum from the date ot' filing of the ctaim petition tlii the date of actuai payment, 3) The Tribunat on a close scrutiny of the entire evidence led before it heid that clalmant Doman Lal Yadav sustained multiple serious injuries includlng fractures in the motor accident on 02.02.2001; the injuries and fractures sustained by the ciaimant in the motor accident led to amputation of his left teg above knee resuiting in permanent disabiilty; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.M.P.24C/3864; as the above offending vehlcie TrucR on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the y^s^ /r<<^ t^^-,. i 'w% f ^ ^' -"r k.. ^.K.. Insurance Company was tiable to pay compensation to the ciaimant. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunai have now attained finality. 5) The Tribunal considering the number and nature of the jnjuries proved to have been sustained by the claimant in the motor accident; the fact that those injuries ied to amputation of the claimant's let't leg above knee; the extent of permanent disabiiity resulting from the injuries and amputation and the amount proved to have been spent on his treatment, awarded Rs.1,00,000/- towards !oss of future earning capacity on account of the amputation of his ieft leg; Rs.40,000/- towards medical expenses; Rs.1',10,000/- towards artificial leg; and Rs.40,000/- towards physical pain and mental suffering. The Tribunal, thus, awarded a tota! sum of Rs.2,90.000/- as compensation to the claimant. The Tribunal further directed payment of interest on the above amount of compensation of. Rs.2,90,000/- @ 8% per annum from the date of fiiing ofthe clajm petition till the date of actual payment. 6) Shri Somnath Verma, learned counsei for the appellant submitted that the Tribunai has erred in awarding low compensation of Rs.2,90,000/- oniy, though the appellant/claimant on account of the amputafion of his left leg about knee has been rendered unfit to pursue his occupation as Muneem/ Accountant. .,^3;-:SS^^ ^ © ^- G ^. 7) Shri Prashant Jayaswal, iearned Senior Counsel wlth Shri Ajay Mishra; iearned counsei for respondent No.3 the New tndia Insurance Company Limited, on the other hand, supported the award and contended that the Tribunal has awarded substantial amount of Rs.2,90,000/- as compensation to the claimant and as such, no enhancement ofthe same is w/arranted in this appeal. 8} Ciaimant Doman Lal Yadav was aged about 35 years on the date of the acodent. From the copies of his income-tax returns produced before the Tribunal; it is apparent that he was getting saiary of Rs.36,000/- per annum from three different firms where he was working as Muneem/ Accountant. The injuries sustained by the ciaimant in the motor accldent which led to amputation of his lett leg is not In dlspute before us in this appeal. On account of the amputation of his left leg above knee, the daimant would suffer mentally and physicalty for whoie of his life. 9) The compensation of Rs.2,90,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is somewhat on the lower side and deserves to be enhanced to some extent. 10) Considering all the relevant aspects ot' the matter, we are of the opinion that further award of Rs.75,000/- inclusive of interest component on the enhanced amount of compensatjon woutd make the compensation of Rs.2,90,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. ^ \.,. 11) The appeal fiied by the appeilant/ claimant for enhancement of the compensation, therefore, is altowed in part. The claimant is awarded further sum of Rs.75,000/- inciusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.2,90,000/- awarded by the Tribunal. 12) Respondent No-3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.75,000/- before the concerning Claims Tribunal. 13) No order as to costs. Sd/- Chief Justice •j i Sd/- SunilKumarSinha Judge subbu ^. -."