IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.837 of 2009 (O&M) Date of Decision 12.10.2009 Makhan Singh ...... Appellant VERSUS Om Parkash Paul and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Ms.Radhika Subhash, Advocate, for the appellant. Mr.Vivek Singhal, Advocate withMr.Vishal Gupta, Advocate, for respondent No.3-Insurance Company. ***** A.N.JINDAL, J(ORAL): The enhancement is sought in compensation awarded vide award dated 24.01.2008, passed by Motor Accident Claims Tribunal, Rupnagar, (herein referred as 'the Tribunal') whereby compensation to the tune of Rs.4,50,000/- alongwith interest @ 10% per annum in favour of the appellant-claimant (herein referred as 'the claimant') and against the respondents jointly and severally on account of the injuries suffered by him in a motor vehicular accident was awarded. The respondents have neither challenged the negligence nor the liability. However, the appellant has sought enhancement of compensation. It has been contended that the claimant was the student of 9th class and his leg has been amputated due to the accident resulting into permanent disability to the extent of 80%. He has been rendered unable to paddle the cycle and as such he had to discontinue with his studies. Disability certificate Ex.P5, indicating amputation of leg resulting into 80% permanent disability, has been produced on record. The Tribunal, after seeing the claimant, in order to verify the correctness of the disability, has observed that the claimant due to the amputation of leg was moving on the F.A.O.No.837 of 2009 (O&M) -2- crutches. As such, it appears that this disability is bound to affect the claimant in the enjoyment of amenities of life. He has to suffer economic as well as social torture. He cannot squat or sit with cross legs. His matrimonial life appears to be almost ruined and he has turned to be a wreck for the rest of his life. Though, no compensation is adequate to restore his amputated leg as well as original life yet some reasonable and adequate compensation could be awarded for his smooth survival. The Tribunal though observed that the claimant needs services of attendant but has not awarded anything on this head. Nothing was also awarded for future treatment, replacement of artificial limb and on account of non- pecuniary loss. It may be observed that the Tribunal had awarded compensation to the tune of Rs.4,00,000/- towards the loss of studies, disturbance in matrimonial life, pain and sufferings, special diet and transportation but this compensation appears to be quite inadequate. In the given facts and circumstances, the claimant should have been awarded at least Rs.1,00,000/- for seeking the services of attendant, Rs.50,000/- for replacement of artificial limb at least four times during his life time and Rs.50,000/- on account of non-pecuniary loss. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation of Rs.2,00,000/- over and above the award amount. However, the claimant would also be entitled to receive the interest on the enhanced amount at the same rate as awarded by the Tribunal. (A.N.Jindal) Judge 12.10.2009 mamta-II