Judgment : Neither you can say that his limb is going to be amputated nor you will be able to answer, where his leg had gone – this is the critical problem when a 7 year old boy suffers amputation of leg. "All work and no play makes Jack a dull boy" is a saying. What would compensate the amputee when he cannot play throughout his lifetime. 2. So explaining, the father has filed the claim petition claiming a sum of Rs.10 lakhs as compensation in respect of his son, aged 7 years, who has suffered amputation on account of the accident that took place on 08.03.2002. 3. The Tribunal, on consideration of material papers placed before it, awarded a sum of Rs.5,05,000/- and the break-up details are as follows: Heads Amount (Rs.) Loss of income 2,00,000/- Medical expenses 75,000/- Pain and suffering 75,000/- Permanent disablement 75,000/- Mental agony to parents 10,000/- Loss of marital prospects 25,000/- Extra nourishment 20,000/- Transport expenses on account of disability 25,000/- Total 5,05,000/- 4. Contending that the amount of compensation granted is disproportionate to the nature of injuries suffered, the Transport Corporation has filed the appeal seeking reduction in the compensation awarded. 4.1. Contending that the amount of compensation awarded is grossly inadequate having regard to the nature of disability suffered, the claimant has filed the Cross Objection seeking enhancement of compensation. 5. In order to appreciate the contentions raised in both the appeals, it is necessary to look into the impact of amputation upon the quality of life of the claimant. 5.1. The Serious Injury Law Practice, has published an article, describing the aftermath of amputation, covering the physical and psychological impact and it would be relevant to extract the same: "MOBILITY : The immediate physical effects of an amputation may seem obvious, for example the loss of a leg will prevent a person from being able to walk without some form of assistance. The main effect of a lower-limb amputation is a reduction in that person’s mobility, meaning that they will not be able to walk as they did pre-injury or surgery. In the majority of cases, after sufficient care and rehabilitation, the injured person will be able to make use of a prosthetic limb. ..... Stump and phantom limb pain An amputee may suffer from either stump pain or phantom limb pain, or both. In the majority of cases, after sufficient care and rehabilitation, the injured person will be able to make use of a prosthetic limb. ..... Stump and phantom limb pain An amputee may suffer from either stump pain or phantom limb pain, or both. Stump pain is felt in the remaining part of the injured limb, and the source of this pain is found in the damaged groups of nerves at the site of amputation. Phantom limb pain is a very widespread condition that affects up to 80% of all amputees. It refers to the sensation of pain that an injured person feels in their ‘missing’ limb. The word ‘phantom’ does not in any way mean that the pain does not exist; sadly it is all too real to the person suffering from it, but the source of the pain is actually within the person’s brain. Traumatic effects If a person has experienced a traumatic amputation, memories of the incident could cause them to suffer from post-traumatic stress disorder (PTSD) or other similar psychological conditions. Symptoms can include flashbacks; nightmares; depression; insomnia; avoidance; anger outbursts; and various other challenging behaviours. It is also more likely that a person who has suffered from a traumatic amputation will feel the emotional and psychological impact of their situation more heavily than someone who has undergone a planned surgical amputation; simply because they have not had the time to mentally prepare for the loss of a limb. 5.2. All the consequences explained above would go to show that the minimum requirement would be prosthetic rehabilitation in order to reduce the psychological trauma. "The earlier a prosthesis is applied, the less the psychological distress observed after amputation. Conversely, if the prosthetic application is absent or delayed, greater degrees of anxiety, sadness, and self-consciousness are noted. The crucial elements appear to be the integration of the prosthesis into the body image and the concentration of attention on future function rather than on past loss." 5.3. The claim made has to be considered in the light of the consequences referred above. 6. The crucial elements appear to be the integration of the prosthesis into the body image and the concentration of attention on future function rather than on past loss." 5.3. The claim made has to be considered in the light of the consequences referred above. 6. The learned counsel for the claimant has placed reliance upon the decision reported in 2010 (1) TN MAC 195 (M.Gunasundari vs. Brills Transports and Anr.), whereunder, when a school going girl aged about 12 years suffered permanent disability, this Court has awarded a sum of Rs.9,79,161/-, as compensation and accordingly, the Cross Objection has been allowed on similar terms. 7. On the other hand, the learned counsel for the Transport Corporation contended that when the claimant is a small boy aged about 7 years, his future prospects cannot be calculated at such an exorbitant rate, and especially when the existence of future itself for such a small boy will not be certain. This contention cannot be accepted, as the body who suffered injury in 2002, is still alive in 2013. Therefore, in all probability, his life may not be vulnerable. The future prospects has to be calculated according to settled principles of law. 8. It would be appropriate to refer the evidence of the parent as well as the evidence of the doctor. In the evidence of the father, it is stated that because of the crush injury suffered over the right leg and the consequent amputation done at the level of knee, his son has lost his education, his childhood and future marital life and therefore, the compensation should be at the rate of Rs.10 lakhs. The evidence of the father is supported by the evidence of the doctor and the case history filed as Ex.P-3 would go to show that amputation has been done at the level of knee. According to the doctor, the disability is 85%. Irrespective of the percentage of physical disability, it goes without saying that when the claimant has suffered amputation, his entire future is crippled and his dreams of the entire future is shattered into pieces and therefore, all possible consequences arising out of the disability has to be compensated by the Corporation. 9. Taking the modest estimate of Rs.3,000/-as future income and applying multiplier 15, the compensation on account of loss of earning capacity would be Rs.5,40,000/-. 9. Taking the modest estimate of Rs.3,000/-as future income and applying multiplier 15, the compensation on account of loss of earning capacity would be Rs.5,40,000/-. Awarding a sum of Rs.10,000/- towards transport expenses, Rs.1 lakh towards pain and suffering, Rs.25,000/- towards medical expenses, Rs.50,000/- towards loss of enjoyment of amenities, Rs.25,000/-towards cost of attendant, Rs.1 lakh towards loss of marital prospects, Rs.1 lakh towards purchase of artificial limb, the total compensation is quantified at Rs.9,50,000/-. 10. In the result, the appeal filed by the Corporation is dismissed and the Cross Objection is allowed. The award passed by the Tribunal is enhanced from Rs.5,05,000/-to Rs.9,50,000/-. The Corporation shall deposit the entire amount of compensation with interest at 7.5% p.a. from the date of petition till the date of deposit, within a period of six (6) weeks from the date of receipt of copy of this judgment. On such deposit, an amount of Rs.2 lakhs is permitted to be withdrawn by the guardian of the minor claimant, towards purchase of caliper and towards future medical expenses of the minor child. Rest of the amount shall be in deposit in any one of the nationalised bank till the minor attains majority. Till such time, the guardian is entitled to receive interest once in three months directly from the bank under intimation from the Tribunal, which shall be used for the welfare of the child. No costs.