S. Vimala, J.

1. The care, compassion and concern for a living injured person, deprived of full pleasures of living, shattered of his dream of colourful living on account of the accident should be higher than in cases of death. The two main loss in personal injury cases are personal loss and pecuniary loss.

1.1. Alleging that the amount of compensation awarded is not in conformity with the compassion and humanity and accountability of the Tribunal to award just compensation, the victim has filed this appeal for enhancement of compensation.

2. In respect of amputation (of right leg) sustained, in a road accident that took place on 03.06.2008, by a Sportsman with the aim of becoming a Police Officer, M. Premkumar, aged 19 years, who had been studying 12th standard, the Tribunal has awarded a sum of Rs. 3,48,947/- and the break up details are as under:-

3. The learned counsel for the Insurance Company/second respondent herein submitted that amputation is an outcome of an invited accident and the appellant, being responsible for the accident, is not entitled to more compensation and in any event, the appellant is also guilty of contributory negligence. This contention is not open to the Insurance Company/ second respondent herein as challenging the finding on negligence there is no appeal by the respondent. Therefore, the finding on negligence, which is found on the part of the second respondent, having allowed to become final, cannot be reopened.

4. Therefore, the next question to be decided is only with regard to the quantum of compensation.

4.1. The Doctor, who examined the claimant has stated that the thighbone is available only to the extent of 10.5 cm from the hip and there was no bone available in the right leg and that the disability is 80% as per the calculation available under the Employees' Compensation Act.

4.2. From the details of the compensation awarded, it is clear that the Tribunal has reimbursed the medical expenses, which was incurred at Rs. 1,46,947/-. In respect of pain and suffering in case of an amputation, the Tribunal has awarded Rs. 20,000/- without understanding what is the "pain" all about in case of amputation. As if the petitioner was taken to hospital only once, the Tribunal has awarded a sum of Rs. 2,000/- toward transport expenses.

4.3. Therefore, it is necessary to consider what is the pain in case of persons who suffer amputation.

4.4. Amputation of a body part, whether as a result of trauma or surgical intervention, is almost always associated with awareness of, and sensations referred to, the missing body part. These sensations were first noted by Ambroise Pare, a French military surgeon in the middle of the 16th century. Mitchel first used the term phantom in 1871 from his observations and medical studies of the American civil war.

4.5. Three phenomena occur after amputation - (i) phantom sensation, (ii) stump pain and (iii) phantom pain. Phantom Sensation:

4.6. The term phantom sensation describes any sensation that is experienced in the absent part excluding pain. Its incidence is very high, with virtually all amputees describing phantom limb sensations. A variety of sensations can be felt, including the perception that the missing limb is still present and paresthesia occurring in the amputated limb. The phenomenon of telescoping occurs when the distal part of the missing limb is felt to recede back towards the stump.

4.7. Stump pain that occurs immediately after amputation is acute nociceptive pain and usually resolves after a few weeks as the wound heals. Infection or wound dehiscence may prolong postoperative pain