Court emphasized the need for compensation to reflect permanent disability and loss of earning capacity, enhancing the award to ensure justice.

Order :

Amitendra Kishore Prasad, J.

1. This appeal is filed by the appellant/claimant under Section 173 of the Motor Vehicles Act, 1988 (for short “the Act”) against the award dated 8.8.2018 passed by the Fifth Additional Motor Accident Claims Tribunal, Raipur, District Raipur (CG) in Claim Case No.795/2016.

2. By the impugned award, the Tribunal partly allowed the claim petition filed by the claimant under Section 166 of the Act and awarded a total sum of Rs.16,50,209/- by way of compensation to the claimant for the injuries sustained by him in a vehicular accident.

3. So the question that arises for consideration in this appeal filed by the claimant (appellant) is whether any case for enhancement is made out in the award of compensation awarded by the Tribunal to the claimant and if so, to what extent?

4. It is an injury case. On 31.10.2016, the appellant was driving a truck bearing registration No.CG-7-A-V-7377 from Bhilai transporting a consignment of vegetables. At about 1:00 p.m., while travelling on Katghora-Ambikapur road, near Gram Chotiya, a bus bearing registration No.CG-15-A B-9693, driven rashly and negligently by respondent No.1 collided head-on with the front of the appellant’s truck. The impact completely smashed the front portion of the truck, causing the vehicle to veer off the road and fall into a ditch. The appellant and the vehicle cleaner sustained grievous injuries. The injured parties were taken to Podi Government Hospital and subsequently to the Government Hospital, Korba. Owing to the critical condition of the claimant, he was referred to CIMS Hospital, Bilaspur for advanced treatment. Subsequently, he was admitted in Suyash Hospital, Raipur for specialized treatment. As a result of the accident, the claimant’s left leg was amputated below knee. He also sustained a fracture in his right leg (below knee), which required surgery and internal fixation (plates and screws). He suffered multiple external and internal injuries throughout the body. It was stated that at the time of the accident, the claimant was employed as a driver earning a monthly salary of Rs.8000/- plus a daily allowance of Rs.100/-. The information with regard to the accident was given to Police Station Bango, District Korba, on the basis of which, an offence was registered against respondent No.1.

5. The non-applicants contested the claim. Parties adduced evidence. The Tribunal as stated supra, allowed the claim petition in part. The Tribunal awarded Rs.2,54,079/- towards medicines, Rs.1,24,530/- towards medical expenses and Rs.50,000/- towards future medical treatment. Additionally, Rs.1,00,000/- was awarded towards pain and suffering (mental agony) and Rs.20,000/- towards Special Diet. In this way, a total sum of Rs.16,50,209/- was awarded to the claimant by way of compensation for the injuries sustained by him in the accident. The appellant/claimant has preferred this appeal challenging the said determination on the ground that the compensation is inadequate and on the lower side, seeking enhancement of the award.

6. Learned counsel for the appellant submits that as a result of the accident, the appellant, who was employed as a professional driver, has suffered 100% permanent functional disability. He submits that the Tribunal failed to appreciate the gravity of this loss in its true perspective. He also submits that in the said accident, the appellant’s left leg was amputated below the knee and he sustained a severe fracture in his right leg which required internal fixation with plates and screws. Furthermore, the right leg required Ilizarov fixation and due