The main legal point established in the judgment is the assessment of compensation for a 16-year-old boy's amputation in a motor vehicle accident, considering future prospects, pain and suffering, and medical expenses.

ORDER :

1. Leave granted.

2. The challenge in the present appeal is to an order passed by the High Court of judicature of Rajasthan on 02.05.2019 whereby a boy of 16 years of age had to suffer amputation of right leg above knee on account of a motor vehicle accident on 27.05.1998. The appellant was awarded a compensation of Rs.14,22,661/-, enhancing the amount of Rs.5,63,700/-as awarded by the Motor Accident Claims Tribunal.

3. The argument of learned counsel for the appellant is that the appellant was 16 years of age and a student of class XII, but his capacity to earn has been assessed as Rs.1144/-per month as minimum wages. The appellant has not been given future prospects as laid down by this Court in the case of National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680. Keeping in view the age of the appellant, he is entitled to 40% increase on account of future prospects. Thus, Rs.600/-per month is required to be added towards the loss of income. By applying the multiplier of 18, the compensation will come out to be Rs.4,53,600/-.

4. This Court in the case of Master Ayush vs. The Branch Manager, Reliance General Insurance Co. Ltd. & Anr. – 2022 (7) SCC 738 has awarded a sum of Rs.10 lakhs towards pain and suffering and loss of amenities in the case of paraplegic patient.

5. The loss of a limb has a permanent effect on the psychology of a person as well as the difficulties which he faces because of the amputation in daily course of life. Consequently, we deem it appropriate to award a sum of Rs.10 lakhs towards pain and suffering and loss of amenities. In addition thereto, the appellant would require replacement of artificial limb keeping in view the growth of the child. The High Court has awarded Rs.8 lakhs for one artificial limb but since the artificial limb has to be replaced after some time keeping in view the normal growth of the child, a cost of another Rs.8 lakhs towards provision of artificial limb is granted.

6. Thus, the appellant shall be entitled to compensation as under:

7. The compensation thus is computed as Rs.30,53,600/. The appellant shall also be entitled to interest at the rate of 6% p.a. as awarded by the Tribunal from the date of filing of the claim application till its realization.

8. With the above, the appeal is disposed of.