MANZAR AFAUUE Vs. WASI AHMAD

JUDGEMENT

(1.) THIS appeal has been filed by the claimant-appellant for the enhancement of compensation awarded by the Motor Accidents Claims Tribunal, dumka in Claim Case No. 25 of 1997. The claimant is aged 39 years having 3 daughters and 2 sons. He was posted as driver in Dumka Town Police Station at Dumka. The claimant while driving the jeep on his official duty and going on Dumka-Bhagalpur main Road, a truck dashed in the back side of the jeep and consequent thereupon the claimant fell down on the road and sustained injuries, as a result his both legs have been amputated. Tribunal gave a finding that about Rs. 2,00,000 have been spent towards medical treatment. Accordingly, the Tribunal awarded rs. 2,00,000 towards medical expenses and besides that, the Tribunal awarded a sum of Rs. 96,000 for non-pecuniary damages.

(2.) IN course of argument, it was brought to our notice that after the said accident, because of shock the wife of the claimant committed suicide and claimant, though totally disabled, is looking after his 5 children. Taking into consideration all these facts, we have no doubt in our mind in holding that the amount of compensation awarded by the Claims Tribunal is on a very lower side.

(3.) ADMITTEDLY, the claimant incurred rs. 2,00,000 towards medical expenses. Besides the medical expenses, a minimum compensation for amputation of two legs should be Rs. 5,00,000. Accordingly, the insurance company is directed to pay a sum of Rs. 7,00,000 as compensation together with interest at the rate of 6 per cent per annum from the date as awarded by the claims Tribunal. Needless to say that the amount already paid shall be deducted from the total compensation.