Hon'ble MIDHA, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.3,58,857/- has been awarded to him. The appellant seeks enhancement of the award amount.

2. The accident dated 31st July, 1996 resulted in grievous injuries to the appellant. The appellant was going to Jhandewalan via Minto Road on the scooter. The appellant stopped the scooter at the red light on the crossing near Narula Hospital, Connaught Place when a blue line bus bearing No.DL1P-2268 came from behind and hit the appellant due to which the appellant fell down on the road and his right leg was crushed under the wheel of the bus. The appellant was taken to Ram Manohar Lohia Hospital by the police from where he was shifted to Parmarth Hospital on 1st August, 1996. The appellant's right leg was operated. On 8th August, 1996, the appellant was shifted to Pentamed Hospital where he underwent surgery. He was again admitted in Parmarth Hospital on 11th August, 1996 and was discharged on 21st September, 1996. He underwent bone grafting and skin grafting. He was again admitted in Parmarth Hospital on 4th October, 1996 and was discharged on 12th October, 1996. He was also admitted in Narang Hospital on 14th November, 1996 and was discharged on 15th November, 1996. He remained on treatment for almost six months. The appellant proved the bills pertaining to the treatment taken by him vide Ex.PW1/1 to Ex.PW1/3. The appellant suffered permanent disability to the extent of 45% proved by way of disability certificate – Ex.PW1/4.

3. The learned Tribunal awarded a sum of Rs.2,58,857/- towards the expenses on medicine, Rs.75,000/- on account of disability, Rs.5,000/- on account of conveyance, Rs.10,000/- towards special diet and Rs.10,000/- towards pain and suffering. The total compensation awarded is Rs.3,58,857/-.

4. The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:-

(i) The compensation for loss of earning capacity be awarded.

(ii) The compensation for conveyance and special diet be enhanced.

(iii) The compensation for pain and suffering be enhanced.

(iv) The compensation be awarded for loss of amenities of life and disfiguration.

(v) The rate of interest be enhanced from 6% per annum to 7.5% per annum.

5. The appellant's right leg from knee to toe was crushed under the bus and badly mutilated. The bones of the right leg below knee fractured at five places. The skin of the right leg between knee and toe has been peeled of and the appellant is unable to walk without the support. The heel of the appellant is shortened by three inches. The appellant cannot put weight on the right heel and he has been disfigured due to the accident. The appellant is present in the Court and his injuries have been seen by the Court as well as counsel for respondent No.3.

6. The appellant has suffered 45% disability in respect of his right lower limb for which the learned Tribunal has awarded Rs.75,000/- and Rs.10,000/- towards pain and suffering. No compensation has been awarded for loss of amenities of life and disfiguration.

7. The learned counsel refers to and relies upon the judgment of the Hon'ble Supreme Court in the case of Oriental Insurance Co. Ltd. vs. Vijay Kumar Mittal (2008) ACJ 1300, where this Court examined all the previous judgments with respect to the non-pecuniary compensation awarded in the cases of permanent disability and held that the Courts have been awarding about Rs.3,00,000/- under the heads of non-pecuniary damages for amputation of leg with permanent disability of 50% and above. The findings of this Court are reproduced hereinunder:-

“17. From the aforenoted judicial decisions, a trend which emerges is that between the years 1985 and 1990, the courts have been awarding about Rs.3,00,000/- under the head „non-pecuniary damages' for amputation of leg resulting in permanent disability of 50 per cent and above.”

8. Following the aforesaid judgment, the compensation for pain and sufferi

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