JUDGMENT This is an appeal by the claimant against the award dated 23rd November 1990 of the Motor Accident Claims Tribunal, Gwalior, whereby the quantum of compensation awarded is sought to be enhanced. The facts briefly stated are - In a scooter accident which took place on 12.1.1987, the appellant suffered injury resulting in fracture of his tibia and fibula bones. This resulted in shortening of leg by 2 Cms. He took medical treatment for a period of five months. The learned Member of the Claims Tribunal awarded him a sum of Rs. 20,000/- towards the disability caused to him by shortening of leg. Separate sum of Rs. 5,000/- to meet special diet and medicines expenses was awarded. Under the head of general damages a sum of Rs. 2,000/- were awarded for pains and sufferings. In the matter aforesaid a total sum of Rs. 27,000/- was awarded by the Claims Tribunal. Learned counsel appearing for the claimant in this appeal claims a sum of Rs. 1,00,000/- on the head of permanent disability and a sum of Rs. 10,000/- on the head of pain and sufferings. On the head of medical expenses a total claim made is Rs. 6,000/-apart from the above. On the head of 5 months' loss of salary a sum of Rs. 8,500/- has been claimed. Reliance is placed on the decisions reported in State of Orissa v. Prafulla Kumar Satpathy (1989 ACJ 384), New India Assurance Co. Ltd. v. Ramchandra and others ( 1990 ACJ 206 ) and an unreported decision of this Court in Misc. Appeal No. 25 of 1989, decided on 8.4.1994. Learned counsel appearing for the Insurance Company opposes the appeal and submits that the quantum determined by the Tribunal deserves to be confirmed, which is also supported by the decisions - Bhanwarlal v. Kabulsingh & others (1989 ACJ 189), Salauddin v. Raju [1990 (II) MPWN 45] and Bhagchand v. Kishanlal [1991 (II) MPWN 109]. While deciding this appeal it was brought to our notice that the Motor Vehicles Act, 1988 has been drastically amended by the Motor Vehicles (Amendment) Act, 1994 (Act No. 54 of 1994) which provides for fixation of quantum of compensation on the basis of a schedule. It is pointed out that general damages in case of disabilities due to grievous injuries a sum of Rs. 5,000/- has been fixed.
It is pointed out that general damages in case of disabilities due to grievous injuries a sum of Rs. 5,000/- has been fixed. It is no doubt true, that this being on accident of the year 1987 prior to the coming in force of the Amendment Act 1994, the quantum fixed in this schedule would not govern the quantum in this case. The learned counsel for the appellant is, however, right in relying on the decisions rendered prior to this Amendment in which a sum of Rs. 5,000/- has been awarded as general damages for pain and sufferings due to grievous injuries caused in the accident. In our opinion, therefore, the amount of compensation towards pain and sufferings deserves to be enhanced by a sum of Rs. 3,000/-. On the question of permanent disability the sum awarded is Rs. 20,000/-. In this case it has been proved that there has been shortening of leg by 2 Cms., which has resulted in permanent disability and would deprive him of free enjoyment of life for the remaining life span of the claimant. The amount of compensation on this head is, therefore, enhanced by a sum of Rs. 3,000/-.