K.C. Puri, J.@mdashThis is an appeal directed by Roop Chand against the award dated 09.03.2005 passed by Motor Accident Claims Tribunal
(Adhoc), Patiala vide which the application preferred by Roop Chand was accepted and he was allowed an amount of Rs. 2,54,000/ -. It was
further observed that the claimant shall be entitled to future interest @ 9% per annum on the decretal amount till realisation.
2. Feeling dissatisfied with the above said award, the present appeal has been filed for enhancement.
3. The learned Tribunal has allowed the compensation as under:
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S. No. Particulars Amount
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01. Compensation for permanent disability Rs. 1,77,000-00
02. For loss of amenities Rs. 25,000-00
03. For change of artificial limbs Rs. 23,600-00
04. For engaging a servant Rs. 23,400-00
05. For medical expenses Rs. 5,000-00
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Total Rs. 2,54,000-00
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4. As per Disability Certificate Exhibit P-2, there was amputation of right arm above elbow and the permanent disability was 89%.
5. In this case, no amount has been granted in respect of pain, sufferings and mental agony, although appellant has suffered total amputation of the
right arm above elbow. So, an amount of Rs. One lac stand awarded in respect of pain, sufferings and mental agony. The Tribunal has also not
awarded any amount regarding loss of income. The life of a person, whose right arm has been amputated above elbow, can be well imagined. The
income of the injured-claimant cannot be taken as less then Rs. 3000/ - per month. So in this manner, the yearly income is taken as Rs. 36,000/ -.
The permanent disability is to the extent of 89%. So the yearly loss of income comes to Rs. 32,040/ -. In view of the age of the injured, the
multiplier of 7 stand applied in view of authority Smt. Sarla Verma and Ors. v. Delhi Transport Corporation and Anr. 2009 (3) RCR (Civil) 77.
The claimant is also held entitled to claim Rs. 2,24,280/ - (32040 x 7). The total amount calculated, in this manner, is Rs. 3,24,260/ - (2,24,280 +
l,00,000). The amount of Rs. 1,77,000/ - granted to claimant for permanent disability stand adjusted against the said amount of Rs. 2,24,280/ -.
6. So, in this manner the total enhanced amount comes to Rs. 1,47,280/ - (Rs. 1,00,000 + Rs. 47,280 i.e. Rs. 2,24,780-1,77,000), by rounding
the same amount comes to Rs. 1,50,000/ -. The claimant is held entitle to claim interest @ 7% per annum on whole of the amount i.e. the amount
granted by the Tribunal as well as the enhanced amount of Rs. 1,50,000/ - from the date of filing of the petition before the Tribunal till its
realisation.
7. Disposed of.
