PRABHU MEHTA Vs. JAGANNATH

JUDGEMENT

(1.) This appeal has been preferred by the appellant claiming enhancement of the amount of compensation which has been awarded to him by the Motor Accidents Claims Tribunal, Jaipur vide its award dated 1.11.2001 whereby a sum of Rs. 1,20,000 has been awarded for permanent partial disablement on account of amputation of his left leg below the knee as a result of which he has been rendered disabled for his entire life.

(2.) It appears that the appellant was travelling on a truck bearing No. BR 13-G 3131 since he was working as 'khalasi' on this truck which met with an accident on 18.10.1996. The appellant admittedly suffered grievous injuries on account of this accident and was admitted into the S.M.S. Hospital, Jaipur on 18.10.1996 and was discharged from the hospital after 24 days but his left leg from the knee had to be amputated in order to save his life. A proceeding was thereafter initiated before the M.A.C.T., Jaipur for determining the compensation amount wherein the Tribunal after appreciation of evidence adduced by the contesting parties, determined a sum of Rs. 1,20,000 as compensation for amputation of the leg of appellant. The appellant, feeling aggrieved with this amount, has preferred this appeal for enhancement of this amount.

(3.) Learned counsel for the appellant Mr. Vinay Mathur has submitted that the amount awarded by the Tribunal is not adequate as the appellant has neither been compensated adequately considering the annual loss of income nor any amount has been paid for suffering mental agony, future prospects due to his incapacity and, therefore, it is a fit case for enhancement. The counsel for the insurance company has, however, submitted that the amount awarded is completely adequate and it is not a case for enhancement.