N. K. MODY, J. ( 1 ) BEING aggrieved by the inadequacy of the amount awarded vide award dated 18. 2. 1999 in Claim Case No. 45 of 1994 passed by Second M. A. C. T. , neemuch whereby in a claim petition filed by the appellant, learned Tribunal awarded a sum of Rs. 55,659 along with interest at the rate of 12 per cent per annum, the present appeal has been filed. ( 2 ) SHORT facts of the case are that the appellant who was aged 4 years at the time of accident met with an accident by truck bearing registration No. PB 08-F 8124, which was being driven by respondent No. 1, owned by respondent Nos. 2 and 3 and insured with respondent No 4 at the relevant time. Claim petition was filed by the appellant which was contested by respondent no. 4. On the basis of pleadings of the parties learned Tribunal framed the issues, recorded evidence and passed the award for a sum of Rs. 55,659. ( 3 ) THE learned counsel for the appellant submits that on account of accident, left leg of the appellant has been amputated above knee, appellant has suffered a lot on account of injuries and appellant was to undergo an operation. It is submitted that an artificial leg was fixed for which the appellant rushed to Jaipur. It is submitted that the amount awarded is on the lower side, looking to the injuries sustained by the appellant. The break-up of the amount awarded by the learned Claims Tribunal is as under: Towards general damages ? Rs. 50,000 Towards medical expenses Rs . 5,659 ( 4 ) MR. T. C. Jain, learned counsel for the appellant placed reliance on a decision in the matter of Nitin Walia v. Union of India, 2001 ACJ 462 (Delhi), wherein the Delhi high Court in a case of amputation of right arm below the shoulder of a boy aged 3 years, awarded a sum of Rs. 5,00,000. Further reliance was placed on a decision in the matter of Javid v. Lalji Yadav, 2002 acj 702 (Rajasthan), wherein in a case of amputation of left leg from knee of a boy aged 5 years, Rajasthan High Court awarded a sum of Rs. 5,00,000. 5,00,000. Further reliance was placed on a decision in the matter of Javid v. Lalji Yadav, 2002 acj 702 (Rajasthan), wherein in a case of amputation of left leg from knee of a boy aged 5 years, Rajasthan High Court awarded a sum of Rs. 5,00,000. Learned counsel further placed reliance on a decision in the matter of Shiva v. Chander Mohan, 2004 acj 2124 (MP), wherein a Division Bench of this court in a case of amputation of left leg above knee joint, awarded a sum of rs. 3,00,000 to the appellant, who was a labourer. Further reliance was placed on the Division Bench of this court in the matter of National Insurance Co. Ltd. v. B. Rama Rao, 2002 ACJ 1803 (MP), wherein the claimant who was a boy of 22 years and was studying in Second Year in Engineering college, a sum of Rs. 7,00,000 was awarded by this court. ( 5 ) THE learned counsel for the appellant further placed reliance on a decision in the matter of Fakkirappa v. Yallawwa, 2004 acj 1141 (Karnataka), wherein a Division bench of Karnataka High Court in case of minor male child who had been born and brought up predominantly in an agriculturist family and whose left leg below knee was amputated in the first spell, thereafter he was again admitted as an inpatient for the follow-up treatment and rectification, awarded a sum of Rs. 5,85,000 keeping in mind that injured would require replacement of the artificial leg every year in conformity with his growth in height. ( 6 ) MR. Gaurav Laad learned counsel for respondent No. 4 submits that at the time of accident the appellant was aged 4 years and amount awarded by the learned Tribunal is just and proper. Learned counsel placed reliance on a decision in the matter of Harish v. K. Basha Sab, 2002 ACJ 1346 (Karnataka), in which the Karnataka High court in the case of amputation of left leg of a boy aged 4 years, who suffered 100 per cent disability has awarded a sum of rs. 81,000. Learned counsel placed reliance on a decision in the matter of Harish v. K. Basha Sab, 2002 ACJ 1346 (Karnataka), in which the Karnataka High court in the case of amputation of left leg of a boy aged 4 years, who suffered 100 per cent disability has awarded a sum of rs. 81,000. Further reliance was placed, wherein Hon'ble Apex Court in the matter of Nagappa v. Gurudayal Singh, 2003 ACJ 12 (SC), in a case of amputation of right leg disability was assessed 80 per cent to 85 per cent and the injured was using artificial leg and was required to change the artificial leg every 2 to 3 years after some sort of operation, wherein the learned Tribunal has awarded Rs. 30,000 and High court has enhanced a sum of Rs. 1,00,000. Thereafter, Hon'ble Apex Court further enhanced a sum of Rs. 1,00,000. ( 7 ) MR. T. C. Jain, learned counsel for the appellant distinguishes the decision of hon'ble Supreme Court in the matter of nagappa v. Gurudayal Singh, 2003 ACJ 12 (SC ). It is submitted that in this case, age of the injured is not mentioned. It is also submitted that in this case the amputation is below knee while in the case on hand learned counsel submits the age of the appellant was 4 years at the time of accident and the amputation is above knee. ( 8 ) APART from this learned counsel submits that the decision of the Apex Court is based on an accident which took place in the year 1985, while the accident in the case on hand took place on 13. 5. 1994, i. e. , after 9 years. ( 9 ) LOOKING to the injuries sustained by the appellant the amount of Rs. 55,659 awarded by the learned Tribunal is undisputedly on lower side and deserves to be enhanced. At the time of accident appellant was aged 4 years only. Father of the appellant was serving in the Post Office. In spite of the above accident, the learned counsel submits that appellant is studying and at present he is in class XI. Because of the accident, leg of the appellant has been amputated from above knee. The appellant is entitled for compensation on account of medical expenses, expenses on attendants because the appellant was aged 4 years, expenses on permanent disability, pain and suffering, etc. Because of the accident, leg of the appellant has been amputated from above knee. The appellant is entitled for compensation on account of medical expenses, expenses on attendants because the appellant was aged 4 years, expenses on permanent disability, pain and suffering, etc. ( 10 ) SINCE the accident took place before 12 years, therefore, the appellant is entitled for following: Pain and suffering Rs . ???? 50,000 Loss of amenities of life and happiness; and frustration Rs . ? 1,00,000 Loss of marriage prospects Rs . ???? 50,000 Amputation of leg above knee Rs . ? 1,50,000 Loss of expectation of life Rs . ???? 50,000 Medical expenses inclusive of special food, nourishment Rs . ???? 25,000 Attendant and conveyance charges Rs . ???? 10,000 Future medical expenses to replace artificial left leg till he attains the age of 22 years Rs . ???? 65,000 Total Rs . 5,00,000 ( 11 ) SINCE a sum of Rs. 55,659 was awarded by the learned Tribunal, therefore, appellant is further entitled for a sum of rs. 4,44,341 with 6 per cent interest per annum from the date of application. An amount of Rs. 1,00,000 out of awarded amount be paid to the appellant immedi ately and rest of the amount be kept in a nationalised bank. Appellant shall be entitled to get monthly interest. Appellant shall be at liberty to approach learned Tribunal for disbursement of further amount for his best education and marriage purpose. The appellant shall also be entitled for costs including lawyer's fee, which is quantified as Rs. 7,500. ( 12 ) WITH the aforesaid modification, this appeal stands disposed of. Appeal allowed. .