1. Mukhteshwar Chib had gone to attend a marriage function at Karan Palace, Patoli, Jammu on 6.12.2001. He was standing near Karan Palace, when a motor vehicle Tata Mobile bearing Registration no. JK02P-893, which was being driven rashly and negligently by Pushpat, its driver, firstly hit a Maruti Car bearing registration no. JK02G-1198, thereafter a Tata Sumo bearing registration no. JK02C-383 which stood parked in front of Karan Palace and finally Mukhteshwar Chib thereby causing him severe injuries. He was brought to Government Medical College and Hospital, Jammu in a critical condition where he remained admitted till December 10, 2001 when he had to be shifted to Christian Medical College, Ludhiana for further treatment. He suffered multiple grievous injuries in the accident and his left leg was crushed to such an extent that to save his life it had to be ultimately amputated below the Knee.

2. He, accordingly, lodged a claim for an amount of Rs. 30.00 lac along with interest at the rate of 18% per annum as compensation, inter alia, for the medical and other expenses which he had incurred and would have to incur in future, for pain, agony and torture he had suffered and had to suffer throughout his life, and for being deprived of the amenities of life and his bright career ahead.

3. His claim was contested by the Oriental Insurance Company Limited, the insurer of vehicle no. JK02P-893. The Claims Tribunal, accordingly, put the parties to issues which read as follows:-

1. Whether an accident took place on 6.12.2001 at Patoli near Karan Palace, Jammu due to rash and negligent driving of offending vehicle no. JK02P/893 by its driver in which petitioner sustained injuries; if so of what nature? OPP

2. If Issue No. 1 is proved in affirmative whether petitioner is entitled to the compensation, if so of what amount and from whom? OPP

3. Whether driver of offending vehicle was not holding a valid driving licence at the time of accident? OPP

4. Relief. O. P. Parties.

4. The claimant, besides appearing himself, examined Vikram Singh, Yashpal Gupta and Dr. M. K. Mam, Artho Surgeon of Christian Medical College, Ludhiana in support of his claim. The insurer, however, opted not to lead any evidence in the case.

5. Allowing the claim petition on the basis of its findings on the issues framed in the case, the Tribunal awarded an amount of Rs.16,03,200.00 as compensation to the claimant, breakup whereof is as follows:

1.	Cost of medicines	Rs. 2,48,700.00
2.	Special diet	Rs. 18,000.00
3.	Transportation charges	Rs. 80,000.00
4.	Boarding and Lodging	Rs. 3,500.00
5.	Artificial Lim	Rs. 10,00,000.00
6.	Plastic surgery	Rs. 1,00,000.00
7.	Three Tyres Scooter	Rs. 88,000.00
8.	Pain and sufferings	Rs. 25,000.00
9.	Loss of amenities and Pleasures of life	Rs. 40,000.00
	Total	Rs. 16,03,200.00

6. Aggrieved by the award of the Tribunal made on 10.11.2004, the Oriental Insurance Company Limited has come up in appeal to this Court in CIMA no. 21/2005. Dis-satisfied with the quantum of compensation awarded by the Tribunal, Mukhteshwar Chib too has filed his cross appeal no. 2/2005.

7. At the time of hearing of this appeal, appellants counsel, Mr. Vishnu Gupta restricted his challenge to the award insofar as it pertained to awarding of Rs.10,00,000.00 for purchase of artificial limbs and an amount of Rs.1,00,000.00 to be incurred for plastic surgery. He submitted that the claimant had not laid any claim on account of plastic surgery in the claim petition, the Tribunal had therefore erred in awarding Rs. 1.00 lac as compensation for plastic surgery.

8. Mr. R. K. Bhatia, learned counsel appearing for the claimant, on the other hand, submitted that the Tribunal had not awarded any amount by way of compensation for the loss of claimants future career and the amount of Rs.25,000.00 awarded for pain, suffering and agony was too less an amount in the facts and circumstances of the case. Learned counsel urged that the claimant has to remain a disabled person, all through his life, and would have to depend

Click Here to Read the rest of this document