VALLINAYAGAM, J. ( 1 ) AGGRIEVED by the inadequacy of the quantum of compensation granted by the additional district judge and motor accidents claims tribunal ii, Chitradurga in m. v. c. No. 1266 of 1990 dated 7. 6. 97, the appellant-claimant is before this court. ( 2 ) THE accident had occurred on 7. 8. 90 at about 5. 30 p. m. near naraganahalli siddappa's house at baramaragara village involving the lorry bearing registration No. Cag 1214 which resulted in injuries as complained of by the claimant. ( 3 ) THE finding of negligence against the driver of the lorry bearing No. Cag 1214 has become final inasmuch as no appeal has been preferred challenging the same by the owner. ( 4 ) THE injury sustained by the claimant-appellant herein is as follows: (1) the left leg of the claimant was crushed. ( 5 ) THE father of the claimant was examined as pw 1 and the doctor who treated the claimant was examined as pw 2, exhs. P-1 to p-15 were got marked. The wound certificate and the medical case-sheets were at exhs. P-5 and p-15 respectively. The tribunal after considering the oral and documentary evidence adduced has granted a sum of Rs. 25,000 towards injury, pain and suffering, Rs. 6,000 towards medicine, treatment and nourishment and another sum of Rs. 50,000 towards permanent disability, future pain and suffering, purchase of the artificial limb and for the permanent disability suffered by the claimant. Thus in all the tribunal has granted Rs. 81,000 as total compensation with interest at 6 per cent per annum from the date of petition till date of realization. ( 6 ) IT is submitted that the appellant was aged only 4 years as on the date of accident and 9 years as on the date of adducing evidence and there is 100 per cent disability by virtue of the accident, his leg was amputated and he sustained other injuries. Consequently, he has been provided with an artificial limb or leg and that has to be replaced every now and then. It is further contended that the grant of Rs. 6,000 for treatment and medicine, Rs. 25,000 for injury, pain and suffering and Rs. 50,000 towards permanent disability is on the lower side. ( 7 ) THE accident and injuries are not in dispute and there is amputation of the leg.
It is further contended that the grant of Rs. 6,000 for treatment and medicine, Rs. 25,000 for injury, pain and suffering and Rs. 50,000 towards permanent disability is on the lower side. ( 7 ) THE accident and injuries are not in dispute and there is amputation of the leg. The claims tribunal has granted a sum of Rs. 50,000 for permanent disability. ( 8 ) IT is found that when leg was amputated of 6 years boy, the Rajasthan high court has granted Rs. 50,000 as against the compensation granted by the tribunal at Rs. 31,675, in the case of Inder Lal V. Narendra kumar, 1985 ACJ 303 (rajasthan ). In respect of amputation of one leg, for a girl of 12 years, the Andhra Pradesh high court has granted Rs. 35,000 towards non-pecuniary losses and Rs. 16,000 towards medical expenses and past expenses for artificial limb, in the case of k. Sapana V. B. Appa rao, 1988 ACJ 113 (ap ). When both legs were amputated, for a man of 22 years, the Punjab and Haryana High Courtconsidered grant of Rs. 48,000 for loss of earnings and suffering, etc. , and Rs. 5,000 towards medical expenses in Kanji V. Chohal Singh, 1988 (1) tac 375. In respect of amputation of right leg, for a student of 25 years, the gauhati high court has considered grant of Rs. 51,421 as proper and reasonable, in the case of Assam State Road Trans. Corpn. V. Halaluddin Ahmed, 1988 ACJ 711 (gauhati ). In another case of Delhi High Court in respect of amputation of left leg, has awarded Rs. 40,000 as proper compensation as general damages and special damages in Inderjit V. Mehar singh, 1988 ACJ 389 (Delhi ). The Madhya Pradesh high court has considered amputation of right leg from thigh and awarded Rs. 30,000 as compensation with interest at 12 per cent per annum as reasonable in Madhyia V. Ramesh chandra, 1988 (2) tac 89. The Kerala high court in the case in united India fire and genl. Ins. Co. Ltd. V. C. P. Varghese, 1988 ACJ 152 (kerala), has considered Rs. 50,000 as reasonable compensation for amputation of right leg and right finger. The Rajasthan high court in satish Kumar V. Murlidhar Ishardas, 1985 ACJ 808 (rajasthan), has considered Rs.
The Kerala high court in the case in united India fire and genl. Ins. Co. Ltd. V. C. P. Varghese, 1988 ACJ 152 (kerala), has considered Rs. 50,000 as reasonable compensation for amputation of right leg and right finger. The Rajasthan high court in satish Kumar V. Murlidhar Ishardas, 1985 ACJ 808 (rajasthan), has considered Rs. 16,000 as proper compensation when the cyclist, aged 35 years, seriously injured his right leg which was shortened by l'/4" and the bone did not remain in order. Punjab and haryana high court in lt. Col. Om Adhar V. Bhushan kumar, 1989 ACJ 508 (pandh), in respect of a 36 years lady for the leg shortened due to fracture, a compensation of Rs. 20,000 was held to be reasonable. Our own high court in the case of Oriental Fire and Genl. Ins. Co. Ltd. V. M. C. Shashidhar, 1984 ACJ 622 (karnataka), for injury to the left leg amputated, a sum of Rs. 33,000 was granted as against the grant of Rs. 46,000 by the tribunal. ( 9 ) TAKING into consideration the views of the various high courts, i feel the grant of Rs. 81,000 as compensation in all is just, proper and reasonable and the question of enhancement in the light of the decisions of various high courts does not arise. The appeal is, therefore, dismissed. Appeal dismissed. --- *** --- .