The court established that permanent disability and future prospects must be accurately assessed in compensation claims for motor accidents, guided by medical evidence and legal precedents.

JUDGMENT

1. With the consent of the learned counsel for the parties, the matter is being heard and decided finally.

2. The present appeal has been filed against the judgment and award dated 27.08.2018 passed by learned Motor Accident Claims Tribunal, Banswara in Motor Accident Claim Case No. 376/2012 whereby, the Tribunal awarded a sum of Rs. 3,90,100/- in favour of appellant-claimant on account of the injuries sustained in the accident which occurred on 23.04.2010.

3. The learned Tribunal, after framing the issues, evaluating the evidence on record and hearing learned counsel for the parties decided the claim petition of the appellant-claimant.

4. Learned counsel for the appellant submits that the Tribunal committed an error while calculating the award in the present case, which is on the lower side. He further submits that the Tribunal had not correctly recorded the finding on Issue No. 2 as it was brought on record by a medical evidence that the right leg of the appellant was amputated above the ankle resulting into 60% permanent disability. Whereas, the Tribunal had taken the disability only to the extent of 40% for whole body. He further submits that no amount towards the loss of future prospects was awarded to the appellant in the light of the judgment of Hon'ble the Supreme Court in the case of Pappu Deo Yadav vs. Naresh Kumar and ors. AIR 2020 SC 4424 and Sanjay Verma vs. Haryana Roadways 2014 ACJ 692.

5. Learned counsel for the appellant, therefore, prays that the order of the Tribunal dated 27.08.2018 may be suitably modified by enhancement of the amount awarded.

6. Per contra, learned counsel for the respondent - Insurance Company submits that the Tribunal had correctly taken into consideration the percentage of permanent disability while deciding Issue No. 2. He further submits that no interference is warranted as the Tribunal minutely examined the evidence which was brought on record while deciding the claim petition.

7. I have considered the submissions made at the Bar and have gone through the judgment and award dated 27.08.2018 as well as other relevant record of the case.

8. As per the medical documents produced before the Tribunal, it was brought on record that the right leg of the appellant was amputated above the ankle causing 60% disability to the appellant. By virtue of the amputation of the right leg above the ankle, it can safely be presumed that the appellant is virtually unable to perform his duties with same proficiency as he was doing before the accident.

9. In the opinion of this Court, in the facts and circumstances of this case the permanent disability is required to be taken to the extent of 60% instead of 40%.

10. As far as the loss of future prospects are concerned, the same are also required to be awarded to the appellant in the light of the judgment of Hon'ble the Supreme Court in the case of Pappu Deo Yadav and Sanjay Verma (supra). Thus, the same are awarded to the extent of 40% as the age of the appellant is 18 years.

11. Thus, in view of the discussions made above, the amount which is required to be computed is as under:-

12. The other factors which are considered by the Tribunal while computing the award in the table shall remain unchanged except Column No. 4.

13. Thus, in view of the discussions made above, the present appeal is partly allowed and the amount of Rs.2,85,120/-(Rupees: Two Lac Eighty Five Thousand One Hundred Twenty Only) is enhanced and the respondent-Insurance Company is directed to pay the enhanced amount in addition to the amount already awarded by the Tribunal vide judgment and award dated 27.08.2018 within a period of six weeks from today. The enhanced amount shall carry an interest @ 6% from filing of the claim petition and till the same is