In the High Court of Punjab and Haryana at Chandigarh F.A.O. No.2183 of 2008 Date of decision: November 16, 2009 Babli Devi .. Appellant Vs. Satish Kumar and another .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. R.S. Rana, Advocate for the appellant. Mr. R.S. Budhwar, Advocate for the respondent No.1. Mr. D.P. Gupta, Advocate for the Insurance Company. A.N. Jindal, J This appeal for enhancement is directed against the award dated 4.1.2008 passed by the Motor Accident Claims Tribunal, Kurukshetra, awarding compensation to the tune of Rs.1,71,225/- along with interest @ 9% per annum in favour of the appellant-claimant (herein referred as 'the claimant'). The claimant has sought enhancement of the compensation on the ground that she suffered 80% disability and her right leg was amputated. The compensation so awarded by the Tribunal is too meager to pull on rest of her life. Arguments heard. The claimant, an young lady in her twenties, has been disabled due to the unfortunate accident. She received multiple, grievous and serious injuries, resultantly, her right upper leg with knee was crushed. She remained admitted in the P.G.I. Chandigarh w.e.f. 18.1.2006 to 22.1.2006 and allegedly spent Rs.1,50,000/- on her treatment. She has proved medical bills Ex.P8 to Ex.P11. The Medical Board assessed her disability to the extent of 80%. Because of the amputation of the leg above the right knee, she had to suffer a lot on account of pain and suffering, attendant and she F.A.O. No.2183 of 2008 -2- *** needs money for replacement of limb also but the Tribunal awarded compensation on the following heads :- 1. For disability of 80% Rs.1,60,000/- 2. For pain, suffering and special diet Rs.10,000/- 3. For medical bills Rs.1225/- Total Rs.1,71,225/- Be that it may, due to illiteracy, poverty and lack of understanding and other technical problems which may intervene in the adjudication of the claim petition, the claimant could not bring evidence regarding expenses made on treatment. But, in view of the peculiar facts and circumstances that the leg of the claimant was crushed above the knee for which she had to undergo many operations, ultimately it was amputated. She remained admitted in the P.G.I. Chandigarh for sufficient time. She needed money for special diet and attendant. She had also to spend money on transportation, future treatment, fitting and replacement of artificial limb. She must have paid money to the doctors for her treatment. The Tribunal fell in error while not awarding compensation on the aforesaid heads. It may also be observed that for such a serious accident in which leg of the claimant was found to be amputated, the Tribunal had counted small amount on medical bills. As such, keeping in view that the claimant underwent many operations, pain and sufferings, spent lot of money on transportation, purchase of medicines, treatment, attendant, on transportation for her continuous visit to the hospital for fixation of the artificial limb, therefore, this court needs to enhance the compensation. Now the claimant would be entitled to receive compensation as under :- 1. For disability of 80% Rs.2,00,000/- 2. For fixation of artificial limb Rs.50,000/- and its replacement in future 3. For medicines Rs.20,000/- 4. For pain and sufferings Rs.10,000/- 5. For transportation Rs.10,000/- 6. For attendant Rs.10,000/- Total Rs.3,00,000/- F.A.O. No.2183 of 2008 -3- *** As such, this appeal is partly allowed and the claimants would be entitled to receive compensation of Rs.1,28,775/- over and above the award amount along with interest at the same rate as awarded by the Tribunal. No others as to costs. November 16, 2009 (A.N. Jindal) deepak Judge