ORDER Seth, J. -- 1. This appeal for enhancement is directed against the award dated 3.3.2006. By the impugned award, learned Claims Tribunal directed payment of Rs. 3,37,750/- towards comepnsation to the appellant by the respondents jointly and severally as against the claim of Rs. 16,10,000/-. 2. Relevant and undisputed facts in brief leading to this appeal are as under. 3. On 8.10.2004, appellant met with a road accident and sustained grievous injuries. Respondent No.1 on account of his rash and negligent driving of truck bearing Registration No. MKI 6474 was responsible for the said accident. At the relevant point of time, respondent No.2 was the owner of the offending vehicle and it was insured with respondent No.3. Appellant had to undergo prolonged treatment in hospitals but despite that, his left leg above the knee joint was amputated. As a result of the injuries and the resultant amputation of the leg, appellant, a young agriculturalist, sustained ninety per cent permanent disability and the Tribunal taking that into account, awarded Rs. 2,75,400/- towards the loss of income. Besides this, Tribunal also awarded Rs. 23,650/- towards the medical expenses; Rs. 700/- for conveyance; Rs. 5,000/- for attendant; Rs. 3,000/- for special diet; Rs. 10,000/- for the physical pain and sufferings; and Rs. 20,000/- for the loss of amenities and pleasure of life. Thus a total sum of Rs. 3,37,750/- was awarded by the Tribunal together with interest. Being dissatisfied with the award handed down by the Tribunal, this appeal is for the enhancement as mentioned above. 4. Before dealing with the rival contentions, it is clear that the Tribunal was right in holding that respondents are jointly and severally liable to pay compensation. Now the question for consideration is whether the Tribunal awarded too little or a just amount of compensation? 5. After hearing learned counsel for the parties, this Court is of the view that the award deserves to be modified on the higher side to the extent indicated herein below. 6. While considering the question of damages for the loss of limb or life arising out of vehicular accidents, it is to be borne in mind that law requires to make an award determining the 'just amount of compensation' payable by person or persons committing wrong. The term 'compensation' signifies that which is given in recompense pecuniary and non-pecuniary losses.
6. While considering the question of damages for the loss of limb or life arising out of vehicular accidents, it is to be borne in mind that law requires to make an award determining the 'just amount of compensation' payable by person or persons committing wrong. The term 'compensation' signifies that which is given in recompense pecuniary and non-pecuniary losses. Ideally, it should be equal in value but there is no exact measure or uniform rule to arrive at it by precise mathematical calculation. The amount recoverable depends on facts and circumstances of each case and it cannot be weighed in golden scales. It should be neither punitive against whom awarded nor a bonanza for claimant. 7. In the present case, because of the accident, appellant lost limb because of amputation, and he has to live with it for the remainder of his life. It is also clear from evidence of Dr. O.P. Gupta (PW 3) that there is no possibility of fixing of artificial limb to alleviate permanent disability and sufferings. We feel that the Tribunal assessed the future loss of income on the lower side. Considering overall facts and circumstances of the case, Rs. 1,800/- would be appropriate monthly loss of income and considering the young age of the appellant at the time of accident, we are of the view that on this head, appellant is entitled to get Rs. 3,67,200/- beside Rs. 62,350/- awarded by the Tribunal on other heads, as mentioned above. Thus, total amount of compensation comes to Rs. 4,29,500/- which is rounded off to Rs. 4,30,000/-. Thus, the amount awarded by the Claims Tribunal deserves to be enhanced to Rs. 4,30,000/- (Four lakhs thirty thousand) which the appellant is entitled to recover from respondents, jointly and severally. The enhanced amount shall carry interest @ six percent per annum from the date of application till it is actually paid to the appellant. 8. Thus, in view of foregoing discussion, appeal is allowed to the extent indicated herein above with costs through out. Counsel fee Rs. 1,500/- (One thousand and five hundred).