JUDGMENT
D.M. Dharmadhikari and Usha Shukla, JJ.
1. Heard.
2. This is an appeal by the claimant under Section 173 of the Motor Vehicles Act seeking enhancement of the quantum of compensation awarded.
3. In the motor accident on 11.12.1996, the claimant suffered injury to his left leg and after medical treatment his left leg below knee was amputated.
4. The Claims Tribunal, Bhopal by award passed on 9.7.1997 held that the disability arising from the amputation of leg is 60 per cent. The Tribunal awarded a total sum of Rs. 67,000 as compensation on different heads mentioned below:
(1) Medical expenses Rs. 25,000
(2) Expenses incurred by the
relations or dependants
during treatment Rs. 500
(3) General damages for
60 per cent permanent
disability Rs. 30,000
(4) Expenses for milk,
food, and crutches Rs. 1,500
(5) For pain and suffering Rs. 10,000
5. We have heard learned counsel Mr. Ashok Lalwani for the appellant and Mr. S.K. Rao for the respondent insurance company.
6. After hearing the learned counsel for the parties, in our opinion, the amount of Rs. 67,000 in all as compensation awarded is not fair and reasonable and requires to be enhanced.
7. For the purpose of guidance in determining the quantum of compensation for the disability which has permanently crippled the claimant for all his life, we take aid of the Second Schedule to the new Motor Vehicles Act of 1988 under Section 163A in which reference is made to the compensation determinable under the provisions of Workmen’s Compensation Act. In accordance with the Schedule to the Act of 1988 and the Workmen’s Compensation Act of 1923 taking the age of the claimant as proved to be 35 years and taking his average earning at Rs. 1,000 per month, in accordance with the Schedule to the Workmen’s Compensation Act, the factor of 197.06 can be taken to be multiplied by 50 per cent of the wages, i.e., Rs. 500. The figure works out to Rs. 98,530. To make it a round figure, we consider a sum of Rs. 1,00,000 (one lakh) should have been awarded to the claimant for loss of earning to him in the course of treatment and in future. So far as the other heads of claim are concerned, that is, towards medical expenses, for pain and suffering and other expenses, Claims Tribunal has awarded Rs. 37,000 which in our considered opinion deserves to be enhanced to Rs. 50,000 as for all the medical expenses incurred the claimant would not have maintained any bills or receipts. Similarly, he was required to incur extra expenditure because of loss of his one leg. The same is required to be compensated. We consider it fit to enhance the quantum of compensation on the above heads from Rs. 37,000 to Rs. 50,000.
8. Consequently, the appeal is allowed by enhancing the total quantum of compensation from Rs. 67,000 to Rs. 1,50,000 on which the claimant would be entitled to get interest at the rate of 12 per cent per annum from the date of claim to the date of payment. The amount of interest is to be calculated on the basis of payment of compensation already made. If the balance amount of compensation, as enhanced, is not paid within a period of two months from the date of receipt of copy of this order, it would accrue interest at the rate of 15 per cent per annum.
Counsel’s fee as incurred.