Ram Singh vs Raj Mal and Others

N.K. Jain and S.L. Kochar, JJ.—By this appeal u/s 173 of the Motor Vehicles Act, 1988, claimant-appellant seeks enhancement of the amount of compensation awarded by the Additional Member, Motor Accidents Claims Tribunal, Kukshi, vide award dated 25.4.2000 in Claim Case No. 73 of 1998. Appellant Ram Singh is a carpenter by profession. He was aged 25 years on the date of accident (21.1.1998) when he lost his one leg as a result of the said accident which took place with a motor vehicle owned by respondent No. 4, driven by respondent No. 2 and insured with respondent No. 3.

The learned Tribunal has awarded a meagre sum of Rs. 74,000 which also includes the treatment and other expenses. In the case of Zumar Lal v. Nand Kishore 2001 ACJ 2007, arising from a decision of this court, the Supreme Court in case of amputation of leg of a person aged 62 years, enhanced the compensation from Rs. 1,00,000 to Rs. 2,00,000. However, in the present case, the appellant is aged 25 years. Under the circumstances a sum of Rs. 3,00,000 (rupees three lakh) will be the just and proper compensation in our judgment and to this extent this appeal deserves to be allowed.

Accordingly, the appeal is allowed as aforesaid and the amount of compensation is raised from Rs. 74,000 to Rs. 3,00,000 to be paid jointly and severally by the respondents to the appellant-claimant. The difference in amount shall carry interest at the rate of 8 (eight) per cent per annum from the date of filing of the claim petition until payment. Respondents shall also bear appellant''s costs of this appeal. Counsel''s fee Rs. 2,000, if certified.