Rajiv Kumar vs P.R.T.C. and Another

Amarjeet Chaudhary, J.—This is claimant''s appeal for enhancement of the compensation.

Rajiv Kumar, minor, through his father had filed a claim petition u/s 110-A of the Motor Vehicles Act in the Motor Accident Claims Tribunal, Patiala, (hereinafter referred to as the Tribunal) claiming Rs. 2 lacs as compensation for the injuries sustained by him in a vehicular accident alleged to have taken place on 26.2.1983. The Tribunal vide its award dated 30.4.1984 had awarded a sum of Rs. 42,500/- with 9% PA interest as compensation.

The challenge to the award is that appropriate rate of interest and compensation have not been awarded to the claimant.

I have perused the case file.

The position which emerges from the record is that the claimant on 26.2.1983 had met with an accident with a Bus and sustained a number of injuries including a major fracture on his left leg. He remained admitted in the Military Hospital from 26.2.1983 to 9.3.1983 where his leg was amputated. Thereafter the claimant was referred to Command Hospital, Chandigarh for further treatment. I am of the considered view that the Tribunal had not awarded sufficient compensation for the injuries sustained by the claimant. For determining the compensation, numerous factors are required to be taken into consideration i.e. age of the injured, nature of the injuries, pain and suffering, replacement of limb, nature of the medical treatment, the general effects on health and efficiency, the effect on marriage prospectus, loss of earning and other allied matters.

The claimant was 7/8 years at the time of the alleged accident. He will have to lead a handicapped life throughout his life.

Taking into consideration the permanent disability, age of the claimant, long duration of his treatment, the claimant-appellant is awarded as lumpsum amount of Rs. 75,000/- as compensation with 12% P.a. interest from the date of filing of the claim petition till realisation of the entire amount. Out of the compensation awarded by this Court a sum of Rs. 42,500/- as already awarded by the Tribunal is to be adjusted.

Consequently, the appeal is allowed to the extent indicated above. No order as to costs.