Point of Law: Motor Accident - Compensation Awarded - Appeal against - Amount awarded under head “pain and sufferings” cannot be said to be an excessive amount. Likewise, claimant has suffered amputation of left lower limb and because of that he is not able to enjoy his life normally, amount awarded under head “loss of amenities of life” cannot be excessive - Hence Award modified.

JUDGMENT :

RAJNESH OSWAL, J.

1. The present appeal has been preferred by the appellant-Insurance Company against the judgment/award dated 30.04.2010 passed by the Motor Accident Claims Tribunal, Jammu (herein after to be referred as the Tribunal) in Claim Petition No. 92/claim, titled, Pawan Singh vs. Arun Kumar and Others, by virtue of which a sum of Rs. 24,83,108/- has been awarded as compensation to respondent No. 1 on account of the injuries sustained to him in a road traffic accident on 13.12.2004 caused by the vehicle bearing registration No. JK02L- 3756 being driven by respondent No. 3 and owned by respondent No. 2.

2. The appeal has been filed on the ground that the quantum of compensation awarded to respondent No. 1 is excessive as the Tribunal has wrongly assessed the income of the claimant as Rs. 4500/- per month as the respondent No. 1 was a student and not having any source of income at the time of accident. The award has also been assailed on the ground that the Tribunal has assessed the compensation for loss of future income on the basis of 70% permanent disability of whole body, whereas the fact remains that the claimant had suffered 70 % permanent disability of his left lower limb only. It is also submitted that compensation of Rs. 10.50 lacs as cost of artificial limb is without any basis, whereas as per the statement of Dr. Sudesh Sharma, the cost for fixation of artificial limb expenditure is between Rs. 20,000/- to Rs. 50,000/-. It is further contended that the Tribunal has granted excessive compensation on account of pain and sufferings as well as for loss of amenities of life and also that the Tribunal has erred in awarding Rs. 3,66,108/- for medical expenses.

3. Mr. Jugal Kishore Gupta, learned counsel for the appellant vehemently argued and has laid much stress on the award of Rs. 10.50 lacs as cost of replacement of artificial limb. He also urged that a sum of Rs. 2,50,000/- lacs each awarded under the head “pain and sufferings” and “lost of amenities of life” are on higher side.

4. Per contra, Mr. A.S. Manhas, learned counsel for respondent No. 1 supported the judgment/award impugned and submits that the award passed by the learned Tribunal is well within the domain of law.

5. Heard learned counsel for the parties and perused the record.

6. The appellant has raised dispute only with regard to the compensation awarded to respondent No. 1. From the statement of petitioner-Pawan Singh, it is evident that he was a student and beside studies, he was also involved in vocation of agriculture and also used to grow and sell vegetables. The claimant has not been cross-examined by the appellant- Insurance Company with regard to this, as such, it cannot be accepted that the claimant was only a student having no source of income. Therefore, there is no perversity in taking the income of the respondent No. 1 as Rs. 4500/- per month.

7. The brief facts necessary for disposal of the present appeal are that the claimant filed claim petition for grant of compensation on account of injuries suffered in a road traffic accident on 13.12.2004, as the claimant while travelling as a pillion rider on a motorcycle met with an accident, which was being driven by Prince Jasrotia. The said motorcycle was hit by a truck bearing No. JK-02L-3756 that was being driven by respondent No. 3 in a rash and negligent manner. Both the motorcyclist as well as pillion rider fell down. The driver of the motorcycle died, however, the claimant sustained grievous injuries. The petitioner was taken to Arora Neuro Center, Ludhiana and he went into comatose condition. He suffered grievous injuries, which caused amputation of left lower limb at Supra condylar cord with infected stumps. The claimant underwent surgery. It is further contended that the claimant also remained hospitalized at Sidhra Medical College and 4/5 lacs were spent on his treatment.

8.