The main legal point established in the judgment is the assessment and enhancement of compensation in a motor accident case, considering factors such as permanent disability, loss of earning capacity, and other related damages.

J.R. Midha, J.

The parties have challenged the award of the Claims Tribunal whereby compensation of Rs.17,59,148/- has been awarded to Manoj Kumar. The appellant in MAC.APP.441/2015 is seeking reduction whereas the appellant in MAC.APP.660/2016 is seeking enhancement of the award amount.

2. On 18th April, 2013 at about 6:50 PM, Manoj Kumar was hit by Maruti Car bearing DL-3C-BS-6867 at Raja Garden Chowk, Ring Road, Delhi which resulted in grievous injuries. Manoj Kumar suffered type III open fracture of both bones of left leg th with massive commination, commuted fracture bimalleolar left ankle with type III SH physeal injury left distal femur with hypodermic shock with avulsion of extensor tendon. Manoj Kumar underwent three surgeries, first surgery on 19th April, 2013 in Maharaja Agrasen Hospital where he remained admitted from 19th April, 2013 to 25th April, 2013; second surgery at Safdarjung Hospital on 14th June, 2013 where he remained admitted from 13th June, 2013 to 24th June, 2013; and third surgery at District Hospital, Basti on 16th June, 2014 where he remained admitted from 11th June, 2014 to 4th July, 2014. The left leg of Manoj Kumar has been amputated below knee level and his permanent disability has been assessed by the Medical Board as 70% in respect of his left lower limb.

3. The Claims Tribunal took the loss of earning capacity of Manoj Kumar as 50% and awarded Rs.12,28,032/- towards loss of earning capacity by taking 50% of minimum wages of Rs.8,528/- per month, adding Rs.2,132/- towards future prospects and applying the multiplier of 16. The Claims Tribunal awarded Rs.2,04,672/- towards loss of income during treatment. The Claims Tribunal awarded Rs.1,50,000/- towards pain and suffering, Rs.50,000/- towards conveyance, attendant charges and special diet. Rs.1,26,444/- has been awarded towards medical expenses. The total compensation awarded is Rs.17,59,148/- along with interest @ 8% per annum from the date of petition i.e. 21st October, 2013.

4. Learned counsel for the appellant in MAC.APP.441/2015 seeks reduction of the awarded amount on the ground that the future prospects should not be taken into consideration for computing the loss of earning capacity. Learned counsel for the appellant submits that the Claims Tribunal has awarded loss of income for 24 months whereas there was no proof of loss of income for the period 14th June, 2013 to 16th June, 2014.

5. Learned counsel for the appellant in MAC.APP.660/2016 seeks enhancement of the compensation on the ground of the multiplier be enhanced from 16 to 18 and the loss of earning capacity be taken as 70% instead of 50%. The appellant also seeks compensation under the heads of loss of amenities of life, disfiguration as well as loss of matrimonial prospects. The appellant also seeks compensation for fixing the artificial limb. It is submitted that during the pendency of this appeal, the artificial limb has been fixed on the appellant by M/s Endolite India Limited in terms of the order dated 01st December, 2016 for which a sum of Rs. 98,500/- has been released to M/s Endolite India Limited out of the award amount deposited by the Insurance Company. The appellant further seeks enhancement of rate of interest from 8% to 9% per annum.

6. The claimant, Manoj Kumar is present in Court along with his counsel and his condition has been seen. He has suffered amputation of left leg below knee level and his permanent disability has been assessed by the Medical Board as 70%. The appellant was working as a mason and is unable to do work due to the permanent disability. The functional disability of the appellant is taken as 70%. The Claims Tribunal has taken minimum wages of Rs. 8,528/- per month, added 50% towards future prospects and applied the multiplier of 16 to compute the loss of earning capacity as Rs. 12,28,032/-. The claimant was aged 20 years at the t