1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL No.827/1998 MANOJ KUMAR GARG V/s SURESH CHANDRA & Ors. DATE OF JUDGMENT :: APRIL 8, 2008 PRESENT HON'BLE MR. JUSTICE GUMAN SINGH Shri Sandeep Mathur, for claimant-appellant. Shri Satyendra Sharma, for respondents. BY THE COURT : (Oral) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred for enhancement of the award, by the claimant-appellant against judgment dated April 10, 1998, passed by the learned Judge, Motor Accident Claims Tribunal (Special Court, Dacoity Affected Areas), Bharatpur (for short “the Tribunal”) whereby a sum of Rs.1,36,600/- was awarded to the injured. 2. On July 11, 1994 at about 6.20 P.M. the claimant-appellant was going on his scooter on National Highway No.11, 2 Bharatpur when he was `dashed by offending Truck RJ 02/G 1855 and sustained injuries on his right leg and face. Injured was referred to Sawai Man Singh Hospital, Jaipur, for injuries where his right leg was amputated by way of operation during treatment resulting 81% permanent disability. 3. Learned counsel for the claimant appellant argued that the Tribunal has assessed the income on lower side by awarding Rs.1,20,000/- for pain and agony, Rs.10,000/- for nutrition and transportation and Rs.6570/- for medicines. Learned counsel submits that no compensation has been awarded as against the future loss of livelihood on account of amputation of right leg. It was further argued that the learned Tribunal failed to award the adequate compensation for non-pecuniary damages to the injured. Learned counsel has placed reliance on Kum. Ekta Khaitan v/s Sita Ram and Others {1999(2) TAC 284 (Raj.)}, Ghanshyam Das 3 Choudhary v/s Manoj Kumar & Others (2008 (1)WLC 508) and R.D. Hattangadi v/s Pest Control (India) Pvt. Ltd. and others (1995 ACJ 366. 4. Per contra, leaned counsel for the respondents supported the judgment of the learned Tribunal on the ground that the Tribunal has awarded adequate compensation after holding the enquiry and the evidence adduced by the parties and the award does not call for any interference. 5. In view of submissions made on behalf of the appellant and on analysing the evidence on record, it is revealed that the injured was a young man of 19 years old and was a student of Second Year and his leg was amputated on account of the accident. Many avenues of the career of injured were closed on account of the handicap caused due to amputation. In view of the amputation of his right leg, resulting 81% disability, he was rendered unfit for the purpose of any manual job. Therefore, in order to 4 compensate the injured for rendering him unfit for prosecuting any manual job in his life, the guidance from Second Schedule of the Motor Vehicles Act which provides for structural liability for permanent disablement after assessing his annual loss of income can be invoked. Accordingly, a sum of Rs.15,0000/- per annum as a loss of income may be assessed and the same may be multiplied by the relevant multiplier of 16 so as to award Rs.2,40,000/- on this count. On the point of non-pecuniary damages, the learned Tribunal has assessed Rs.1,20,000/- on this count. In view of over all facts and situation of this case, it deserves to be raised by Rs.30,000/- so as to raise the amount to Rs.1,50,000 plus Rs.10,000 (for transportation and nutrition) and Rs.6,570 (for medicals bills) already awarded by the Tribunal. 6. Therefore, the amount of compensation awarded deserves to be enhanced from Rs.1,36,600/- to Rs.4,06,570/-. 5 7. Accordingly, while maintaining the terms of award upto the date of filing appeal, the amount of the award is enhanced to Rs.4,06,570/- with interest @ 6% p.a. from the date of appeal with the condition that failure to make payment under the award within a period of three months from this order shall entail interest @ 9% p.a. from the date of appeal i.e. 20.7.1998. 8. The appeal stands disposed of with the modification of the award as stated hereinabove. (Guman Singh), J. Chauhan/