JOGENDRA SINGH GURJAR Vs. RAMNARESH GURJAR

JUDGEMENT

(1.) ASSAILING the award dated 08.09.2009 passed by the 4th Motor Accident Claims Tribunal, Gwalior in Claim Case No.127/2008 on the point of inadequacy of the compensation, the injured appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for an accident took place on 09.10.2008 in which he sustained injuries i.e. amputation of left hand above elbow.

(2.) THE appellant had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.11,25,000/- for the injuries sustained by him. The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs.1,69,245/-. The certificate of permanent disability (Ex.P-11) is available on record. The Tribunal believing the certificate of permanent disability recorded a finding as regard to the permanent disability to the extent of 60% but directed to pay the compensation in lump-sum.

(3.) LEARNED counsel representing the appellant contends that the left hand of the appellant was amputed 20.32 cms. from the tip of acromion to less than 11.43 cms. below the tip of olecranon, however, the percentage of disability would be 70% to a boy aged 14 years. Thus as per the earning at present the adequate amount of compensation may be awarded. In addition to the aforesaid, it is also submitted that a young boy has to face for whole life on account of amputation. Therefore, in the head of pain and suffering and expectancy of happy life in absence thereto and also for loss of better marriage prospects some amount may also be awarded in these heads. Thus, the amount so awarded is inadequate, which may be reasonably enhanced.