RAJINDER SINGH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act is directed for enhancement of the amount awarded by the Motor Accidents Claims Tribunal, Jammu, vide award dated 14.2.1998.

(2.) The undisputed facts are that the appellant was employed as conductor with truck No. JKQ 2427 of which respondent No. 2 was the driver and respondent No. 3 the owner. The vehicle, it is admitted was insured with respondent No. 1. On 24.6.95 the vehicle, according to the appellant, was proceeding from Pathankot side, it met with an accident near Hiranagar on national highway because of the negligence of the driver. As a result of the accident, left leg of the petitioner was crushed. Despite treatment, the left leg of the petitioner could not be saved and had to be amputated. The petitioner claimed Rs. 2,00,000 as compensation on the ground that he was only 19 years old and the disability was 100 per cent because he would not be able to work either as a conductor or a driver. The Tribunal awarded Rs. 1,59,000 as compensation under different heads.

(3.) The appellant seeks enhancement of the amount on the ground that only being 19 years of age and unmarried, he has no chance of rehabilitation in life. The amputation of his leg has rendered him unsuitable for any job and the amount of compensation is so meagre that much of it had already been spent on his treatment. The Tribunal according to Mr. Bhatia has ignored the basic components on the basis of which compensation is awarded in case of personal injury and particularly when as a result of the injury, the limb of the victim had to be amputated. Mr. Gupta appearing for the insurance company submitted that considering the nature of injury, the age of the appellant and the disability, the amount awarded is fair and just. The Tribunal has awarded the compensation under the following heads: <FRM>(1) For loss of future income Rs. 54,000 (2) For loss of present income Rs. 10,000 (3) For expenses on medicines Rs. 15,000 (4) For expenses on transport Rs. 5,000 During (5) For expenses on special diet Rs. 5,000 | hospitali- (6) For gratuitous services Rs. 5,000 J sation (7) For expenses on transport, special diet, medicines and for gratuitous services after discharge Rs. 5,000 under each head Rs. 20,000 (8) For lessened marriage prospects Rs. 10,000 (9) For pain and suffering Rs. 25,000 (10) For disfiguration, inconvenience Rs. 10,000 Total: Rs. 1,59,000</FRM>