Judgment J. C. VERMA, J. ( 1 ) THE present misc. appeal has been preferred for enhancement of the compensation against the award dated 12. 2. 98 passed by Motor Accidents claims Tribunal, Bayana, Distt. Bharatpur in Claim Application No. 123 of 1995, whereby the amount Rs. 83,100 has been awarded as compensation, whereas the claimant had claimed a total amount of rs. 9,69,000. ( 2 ) THE claimant had met with the accident on 7. 11. 1995 when she was hit by the truck No. RSD 4401. The right leg of the claimant was crushed resulting in amputation below the knee. The truck was insured with respondent No. 3. After framing the necessary issues the Tribunal had come to the finding that the accident was caused due to negligent driving of the driver of truck. After considering the oral and documentary evidence the Tribunal has awarded Rs. 75,000 for pain and suffering and rs. 8,100 on other counts. As such, the total compensation Rs. 83,100 has been awarded. ( 3 ) FOR the reason that the present appeal has been filed for enhancement of compensation, therefore, there is hardly any necessity to discuss any other aspect of the case. ( 4 ) LEARNED counsel for the appellant submits that the injured claimant was a child of the age of 5 years when she met with the accident and suffered the serious injury. Her right leg has been amputated due to which her whole life has been spoiled for all purposes. She cannot live normal life. Apart from above, the Tribunal had granted much less compensation. ( 5 ) LEARNED counsel for the appellant relies on the judgment in case of Inspector general v. Bhagwan Singh, S. B. Civil misc. Appeal No. 367 of 2000, wherein it was observed as under:"for determining the quantum of compensation the courts have to take into consideration damages separately as pecuniary damages and special damages. Pecuniary damages are those which the victim has actually incurred and which are capable of being calculated in terms of money and non-pecuniary damages are those which are incapable of being assessed by arithmetical calculations. In order to appreciate two concepts, pecuniary damages may include expenses incurred by the claimant: (i)medical attendance; (ii) loss of earning of profit up to the date of trial; (iii) other material loss.
In order to appreciate two concepts, pecuniary damages may include expenses incurred by the claimant: (i)medical attendance; (ii) loss of earning of profit up to the date of trial; (iii) other material loss. So far as non-pecuniary damages are concerned, they may include: (i) damages for mental and physical shock, pain and suffering already suffered or likely to be suffered in future; (ii) damages to compensate for the loss of amenities of life which may include a variety of matters, i. e. , on account of injury claimant may not be able to walk, run or sit; (iii) damages for the loss of expectation of life, i. e. , on account of injury the normal longevity of the person concerned is shortened; (iv) inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life. It is not disputed that the claimant had become handicapped to the extent that his left leg had been amputated. Even though no compensation can restore the physical frame of the claimant, but still for the serious and permanent disablement suffered due to the accident some compensation can be awarded but the money cannot equate the human suffering or personal deprivations. The determination of the amount of compensation in the case of accident involves some guesswork, some hypothetical consideration and some amount of sympathy linked with the nature of the disability caused. It cannot be lost sight of that the victim of the accident is practising advocate, who had to suffer amputation of left leg which will certainly affect not only social life but also professional life and even he cannot work properly. His settlement in life has seriously been impaired. His disappointment, frustration and mental stress in life is very much great and he will never be in the normal physical frame. In the case of rajasthan State Road Trans. Corpn, v. Hema, S. B. Civil Misc. Appeal No. 547 of 1996, this court has approved the award of a sum of Rs. 5,00,000 as the non-pecuniary compensation for the loss of amenities of life, discomfort, disappointment, frustration and mental stress in life in case of amputation of leg. Similar compensation was awarded in the case of Ekta Khaitan v. Sita Ram, 2000 ACJ 744 (Rajasthan ). " ( 6 ) IN the case of Bhagwan Singh, S. B. Civil Misc.
5,00,000 as the non-pecuniary compensation for the loss of amenities of life, discomfort, disappointment, frustration and mental stress in life in case of amputation of leg. Similar compensation was awarded in the case of Ekta Khaitan v. Sita Ram, 2000 ACJ 744 (Rajasthan ). " ( 6 ) IN the case of Bhagwan Singh, S. B. Civil Misc. Appeal No. 367 of 2000, the left leg of the injured was amputated and the Tribunal had granted an amount of rs. 7,65,000. 1 fully agree with the submission of learned counsel for the appellant. Compensation awarded to claimant needs to be enhanced to the tune of Rs. 5,00,000 in toto. As such, the claimant is entitled to receive the compensation of Rs. 5,00,000 with interest at the rate of 12 per cent per annum only. ( 7 ) THE whole amount of compensation shall be paid to claimant, after adjusting the amount already paid, within three months from the date of receipt of certified copy of this order. ( 8 ) WITH the above observations, the misc. appeal is partly allowed. Appeal partly allowed.