FAO No.177 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.177 of 2011(O&M) Date of decision: 14.11.2011 Sher Singh ...Appellant Versus Prahalad Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.SS Khurana, Advocate for the appellant. Mr.SK Sharma, Advocate for respondent No.1. Ms.Vandana Malhotra, Advocate for respondent No.3-Insurance Company **** Jitendra Chauhan, J. (Oral) CM No. 856-CII of 2011 Despite notice, reply has not been filed so far. Keeping in view the averments made in the application, delay of 61 days in filing the appeal is hereby condoned. Application stands disposed of. FAO No. 177 of 2011 The present appeal has been filed by the appellant-injured seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Rewari (for short 'the Tribunal') vide award dated 4.5.2010, on account of the injuries received by him in an accident, which occurred on 17.6.2008. Learned counsel for the appellant contends that the appellant FAO No.177 of 2011 (O&M) 2 suffered multiple and grievous injuries in the fatal accident. He suffered 80% permanent disability on account of amputation of 1/3rd lower right thigh. On this account, the appellant has been awarded a sum of `2,25,000/- which is inadequate. He further contends that the appellant remained admitted in hospital from 17.6.2008 to 9.7.2008. The learned Tribunal awarded a sum of `80,000/- towards pain and suffering, and `5,85,759/- as medical expenses. The learned Tribunal has also awarded a sum of `5000/- towards attendant/special diet charges; `15,000/- towards transportation charges and `25,000/- as loss of income , which are inadequate. On the other hand, learned counsel for the respondents contend that the learned Tribunal awarded just and adequate compensation and therefore, there is no scope of enhancement. They further contend that the learned Tribunal has already awarded a sum of `1,95,700/- for artificial leg of the injured-appellant. However, this amount cannot be considered as compensation towards disability, the same being part of treatment and post operative aid rendered to the injured-appellant. I have heard learned counsel for the parties and perused the record carefully. From the perusal of the record, it is proved on record that the appellant suffered permanent disability of 80% on account of amputation through right thigh lower 1/3rd. According to the Schedule I, Part-II of the Workmen's Compensation Act, 1923, in case of amputation below middle thigh to below knee, the percentage of loss of earning capacity is to be considered 60%. In the present case, the amputation is through the right thigh, therefore, the loss of income is to be considered to the extent of 60%. FAO No.177 of 2011 (O&M) 3 It is proved on record that the age of the appellant was 33 years at the time of accident. As per the Schedule-II of the Motor Vehicles Act, 1955, according to the age of the injured the income should be assessed as `3500/- per month and multiplier of 16 should be applied. Ordered accordingly. The appellant remained admitted in hospital for a long time and for dressing of leg and other treatment, he was to travel many times from his village Kharkhara to Paras Hospital, Gurgaon. Therefore, further grant of an amount of `10,000/- towards attendant, special diet and transportation, would meet the ends of justice. Ordered accordingly. Resultantly, the total compensation comes to ` 4,03,200/- (3500 x 12 x 16 x 60/100), out of which ` 2,25,000/- has already been awarded on account of permanent disability and ` 25,000/- on account of loss of income. The balance amount i.e. ` 1,53,200/- (towards permanent disability and loss of income), plus ` 10,000/- (towards the conventional heads) shall be paid to the appellant within 45 days from the date of receipt of the certified copy of the judgment, failing which, the same shall carry interest @7.5% per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 14.11.2011 (JITENDRA CHAUHAN) gsv JUDGE