The main legal point established in the judgment is the application of the Motor Vehicles Act and relevant case laws to determine compensation for personal injury, emphasizing the principles for compensating pecuniary and non-pecuniary damages.

Avneesh Jhingan, J.

1. The present appeal has been filed against the award dated 25.05.2011 passed by learned Motor Accidents Claims Tribunal, Amritsar (for short 'the Tribunal').

2. On 24.09.2009, (It is wrongly mentioned in para 1 of the award as 24.9.2001) Shamsher Singh met with an accident while he was driving his motor cycle bearing registration No.PB-02AR-7485. He was struck by a rashly and negligently driven Qualis bearing registration No.PB-08-AE-1373. As a result of the accident, he suffered grievous injuries and was taken to Amandeep Hospital where he remained hospitalized from 24.9.2009 to 1.10.2009. His left leg was amputated from thigh. FIR No.200 dated 27.9.2009 was registered at Police Station Beas. The injured was 20 years of age at the time of accident.

3. Claim petition under Section 166 of the Motor Vehicles Act (for short 'the Act') was filed for awarding compensation on account of injuries suffered by the claimant.

4. The Tribunal awarded compensation of Rs.4,19,441/- along with interest at the rate of 7.5.% per annum.

5. Aggrieved of the said award, the present appeal has been filed for enhancement of the compensation awarded by the Tribunal.

6. I have heard learned counsel for the parties, perused the paper-book and the record.

7. There is no dispute by either of the side on the income assessed by the Tribunal. Learned counsel for the appellant argued that the income of the appellant was assessed as Rs.4500/- per month and thereafter, the Tribunal made 1/3rd deduction for self expenses which has to be made only in case of death. He further argued that multiplier of 15 has been applied whereas multiplier of 18 should have been applied.

8. Learned counsel for respondent No.3 though defended the calculation, but could not raise any serious objection with regard to the multiplier and the deduction of self expenses in view of the law laid down by the Hon'ble Apex Court in case of Smt. Sarla Verma & Ors vs. Delhi Transport Corp.& Anr, 2009 (3) RCR (civil) 77.

Hence by applying the multiplier of 18, without deducing self expenses, loss of future income is recalculated as under:-

Rs.4500/- per month

50% disability (as assessed by Tribunal)

2250 X 12 X 18 =4,86,000/-

9. Learned counsel for the appellant, has contended that the Tribunal has not awarded any amount for Prosthesis limb. He further contended that the amounts awarded under the various heads are on the lower side.

10. Learned counsel for respondent No.3 has argued that nothing has come on record that artificial limb was fitted. He further resisted any enhancement of the amount awarded under various heads.

11. Hon'ble the Apex Court in G. Ravindranath @ R. Chowdary Versus E. Srinivas and another, 2013(12)SCC 455, held as under:

''It is settled law that compensation in personal injury cases should be determined under the following heads: Pecuniary damages (Special damages)

(i) Expenses relating to treatment, hospitalisation, medicines, transportation, nourishing food and miscellaneous expenditure.

(ii) Loss of earnings (and other gains), which the injured would have made had he not been injured, comprising:

(a) Loss of earning during the period of treatment;

(b) Loss of future earnings on account of permanent disability.

(iii) Future medical expenses. Non-pecuniary damages (General damages)

(iv) Damages for pain, suffering and trauma as a consequence of the injuries.

(v) Loss of amenities (and/or loss of prospects of marriage).

(vi) Loss of expectation of life (shortening of normal longevity).

12. In routine personal injury cases, compensation will be awarded only under head (i), (ii) (a) and (iv). It is only in serious cases of injury, where there is specific medical evidence corroborating the evident of the claimant, that compensation will be granted under any of the heads (ii) (b), (iii), (v) and (vi) relating to loss of future earnings on account of permanent d