--- 1 --- HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S.B.: HON'BLE MR. N. K. MODY, J MISC. APPEAL NO. 553 / 2005 MANOHAR LAL Vs. TAHIR ALI * * * * * O R D E R ( 1/8/2011) This is an appeal filed by the claimant u/S. 173 of the Motor Vehicles Act against the award dated 13/12/2004, passed in Claim Case No. 131/2003 by 18th M.A.C.T. Indore. 2. By the impugned award, the claim petition filed by the appellant was partly allowed and a sum of Rs.2,00,000/- was awarded to the appellant for the injuries sustained by him in the vehicular accident due to which his leg was amputated below hip joint. 3. This appeal is filed by the claimant feeling aggrieved by the aforesaid impugned award seeking enhancement in the compensation awarded by the Tribunal for the injuries suffered by him. According to him, what is awarded to him --- 2 --- is on a lower side and, therefore, it should be enhanced so as to make the award a reasonable one so far as the compensation is concerned. So the question that arises for consideration in this appeal is whether Tribunal was justified in awarding a sum of Rs.2,00,000/- to the claimant. It is submitted that the accident took place on 10/1/2003 and at the time of accident the appellant was employed as Conductor. It is submitted that in the accident appellant lost his right leg which was amputated below hip joint. It is submitted that permanent disability was assessed at 90%. Learned counsel submits that appellant was hospitalised for more than 1 month. It is submitted that even looking to the nature of the injuries, it is not possible to attach an artificial limb. It is submitted that the appeal filed by the appellant deserves to be allowed and the amount of compensation may reasonably be enhanced. Reliance has been placed on a judgment of the apex court delivered in the case of Raj Kumar Vs. Ajay Kumar reported in 2011 ACJ 1 wherein an illustration has been given by the apex court and in a case where the injured was aged 30 years, whose earning was --- 3 --- Rs.33,000/- per month and his hand was amputated and the permanent disability was assessed at 60%, Hon'ble the Apex Court allowed the compensation of Rs.7,56,000/-. It is submitted that in the facts and circumstances of the case, the appeal be allowed and the amount of compensation be enhanced. 4. Learned counsel for the respondent No.3 Insurance Company submit that the amount awarded is just and proper. It is submitted that because of the injury the appellant did not lose his job as he continued in job. It is submitted that since there was no pecuniary loss to the appellant, therefore, the appeal has no merit and the same be dismissed. 4. Appellant is present before this court. He has demonstrated the injuries which he has suffered. Looking to the injuries itself it is evident that artificial limb cannot be fixed and the trauma which the appellant has to face, it appears that the amount awarded is grossly inadeuqate. The appellant has further stated that he was working as Conductor in the MPSRTC and he has lost his job in the --- 4 --- year 2006 and an amount of Rs.1,45,000/- was paid to the appellant as compensation by his employer. Keeping in view the age of the appellant, the appellant is entitled for the following amount : S.No. HEAD AMOUNT 01. Towards permanent disability Rs. 2,00,000.00 02. Towards medical expenses Rs. 1,25,000.00 03. Towards pain and suffering Rs. 75,000.00 04. Towards special diet Rs. 25,000.00 05. Towards loss of income during treatment Rs. 25,000.00 06. Towards Transportation Rs. 25,000.00 07. Towards Attender Rs. 25,000.00 TOTAL : Rs. 5,00,000.00 5. In the result, this appeal is allowed. The amount of compensation awarded by the Tribunal ie., Rs.2,00,000/- is enhanced to Rs.5,00,000/-. The amount awarded shall carry interest @ 8% p.a., from the date of application. The amount enhanced shall be deposited by the Insurance Company with the Claims Tribunal and the Tribunal is directed to invest 80% of the amount on long term fixed deposit in a Nationalised Bank with the condition that the Bank shall not permit any loan or advance. Interest on the said amount shall --- 5 --- be credited on monthly basis in the Saving Bank Account of the appellant and the appellant is at liberty to withdraw the interest amount as per his needs. This appeal stands allowed and disposed of. (N. K. MODY) J U D G E KR