JUDGMENT 1. - Being aggrieved with the amount of compensation under the impugned award dated 11th April, 2001 rendered by the MACT, Jaipur, the Appellant has preferred this appeal for the enhancement thereof. 2. Contextual facts depict that on 4th May, 1996 at about 8.45 p.m., the Appellant claimant Prakash Chandra Dabrani was going by roadways bus bearing registration No. RNP 469 from Panch Batti to Saragogi Mansion at Jaipur. At Saragogi Mansion, the driver stopped the bus. It is alleged that only 2 or 3 passengers had alighted from the bus and when the Appellant was in the process of alighting, the driver of the bus without getting any signal from the conductor, suddenly accelerated it, as a result of which the Appellant fell on the road and the wheel of the bus ran over his leg resulting ultimately into its amputation. The Appellant suffered 40% permanent disability. This disability has led into reduction of his monthly income and efficiency of working to a great extent and caused a increases in physical and mental sufferance. The Appellant filed a claim petition before the Tribunal and the learned Tribunal has decreed an amount of Rs. 3,45,100/- in his favour and against the non claimant-Respondents. The Appellant was not satisfied with this amount of compensation. Hence, this appeal. 3. Heard the learned Counsel for the parties and perused the relevant material on record. 4. The learned Counsel for the Appellant took me through the statement of the Appellant Prakash Chandra and medical board's certificate and canvassed that on account of negligent driving of bus driver, the Appellant lost his right leg permanently resulting into his life to be pitiable. He further canvassed that the Appellant is a labourer and he was earning Rs. 90/- to 225/- per day for his livelihood. He was doing the work of loading and unloading the vehicles, for which his body sturdy legs and sturdy hands were required. On account of amputation of his leg, he has been made incapacitated and left in the lurch. The learned Tribunal despite there being so much of evidence on record in this regard, lost sight of this factor that the victim would have to use artificial limb, which would incur not only huge expenses but lead to life long suffering and unseemingly awarded a very meagre amount of Rs. 40,000/- towards 40% permanent disability and only Rs.
The learned Tribunal despite there being so much of evidence on record in this regard, lost sight of this factor that the victim would have to use artificial limb, which would incur not only huge expenses but lead to life long suffering and unseemingly awarded a very meagre amount of Rs. 40,000/- towards 40% permanent disability and only Rs. 40,000/- for his physical pain and suffering. 5. In the case of Swatantra Kumar v. Qamir Ali and Ors., reported in 1999 (1) TAC 413 , the Hon'ble Apex Court awarded Rs. 4,00,000/-compensation in a case wherein the shortening of leg was found to be 3 inches. In the instant case, right leg below knee has been amputated. Hence, an additional amount of compensation should be awarded and the impugned award be modified. 6. The learned Counsel for the Respondent-Insurance Company, in contra, has defended the impugned award and called the same to be just and proper. He further canvassed that a reasonable amount of compensation to the tune of Rs. 3,45,100/- has been awarded in favour of the Appellant and the same needs no intervention. 7. Having ruminated over the submissions made at the bar and carefully scanned the relevant material including the impugned award, it is noticed that the Appellant is a poor labourer and has been earning his livelihood out of loading and unloading the vehicles. Undeniably and irrefutably for a labourer loading the truck with bags of grains or unloading the same, the stout and strong legs and hands are required. In the absence of either of these, this act cannot be performed. The Appellant, who had be doing the above work for the last so many years, now shall have to switch over to another job as he has lost one leg in the accident. He has been incapacitated for his whole life. Social scar of having amputated leg will also have to be born till he survives. Albeit the inefficiency, incapacity or in-sufficiency cannot be compensated in terms of money, yet the money plays an important role in man's life as he manages his bare necessities viz. food and clothings out of it only. 8. In the case of Swatantra Kumar v. Qamir Ali and Ors. (supra), the driver of the motor vehicle Shashendra Lahiri suffered shortening of his leg by 3 inches and the pillion rider suffered shortening of his leg by 1.75 inches.
food and clothings out of it only. 8. In the case of Swatantra Kumar v. Qamir Ali and Ors. (supra), the driver of the motor vehicle Shashendra Lahiri suffered shortening of his leg by 3 inches and the pillion rider suffered shortening of his leg by 1.75 inches. The Hon'ble Apex Court awarded an additional amount of Rs. 4,00,000/- by way of compensation, both towards pain, shock and suffering as well as for future economic loss to the Appellant, who suffered shortening of his leg by 3 inches and 1,00,000/- rupees to pillion rider who suffered shortening of his leg by 1.75 inches. The Hon'ble Apex Court felt that the victim must have suffered a prolonged period of treatment and hospitalization in different hospitals. The Hon'ble Apex Court also felt that the victim shall suffer future economic loss owing to permanent partial disability. In the instant case too, the Appellant underwent a prolonged treatment. He remained admitted in hospital w.e.f. 4th May, 1996 to 12th May, 1996. His leg was operated and finally the right leg below the knee was permanently amputated. The Appellant was young lad of 23 years of age at the time of accident and now he has to travel the whole journey of life with obscure and gloomy impressions in view of all these factors, I, having applied the structured formula deem it fit to award 75,000/- instead of Rs. 40,000/- against the 40% permanent disability caused to the victim and Rs. 1,00,000/- instead of Rs. 40,000/- against the physical pain, trauma and present, past and future sufferings. The amount of compensation awarded on other heads by the Tribunal shall remain as they are. Thus, the amount of compensation under the award deserves to be enhanced by Rs. 95,000/- 9. No other argument has been put forth before me by any of the Counsel for the parties. 10. For the reasons stated aforementioned, the appeal is partly allowed The total amount of compensation is enhanced from Rs. 3,45,100/- to Rs. 4,40,100/- The Appellant shall be entitled to get 6% rate of interest on the enhanced amount from the date of filing the claim petition till the enhanced amount is actually realized. 11. The enhanced amount shall be deposited with the Tribunal, who shall keep it in fixed deposit in any Nationalised Bank for a period of five years in the name of claimant-Appellant. 12.
11. The enhanced amount shall be deposited with the Tribunal, who shall keep it in fixed deposit in any Nationalised Bank for a period of five years in the name of claimant-Appellant. 12. Rest of the terms under the award shall remain unchanged. The impugned award stands modified as indicated here-in-above. 13. There shall be no order as to costs.Appeal Partly Allowed. *******