The main legal principle established in the judgment is the assessment of compensation under Section 166 of the Motor Vehicles Act, 1988, for injuries and disabilities resulting from motor vehicle accidents, taking into account the severity of the disabilities, impact on earning capacity, and related expenses.

VIJENDER SINGH MALIK, J.

1. This is an appeal brought by the claimant for enhancement of compensation. Surender Kumar, the claimant suffered injuries in a roadside accident that took place on 17.5.2009. He had brought a claim petition u/s 166 of the Motor Vehicles Act, 1988 seeking compensation for his injuries in a sum of Rs. 20,00,000/-. Learned Motor Accidents Claims Tribunal, Fatehabad (for short, "the Tribunal") allowed the claim petition vide award dated 28.02.2011 in a sum of Rs. 8,27,978/-. Surender Kumar has claimed himself to have suffered multiple injuries. He was brought to Sarvodya Multispeciality Hospital, Hisar where he remained admitted upto 26.5.2009. He was then shifted to S.K. Soni Hospital, Jaipur wherefrom he was discharged on 8.6.2009. His condition did not improve and he then took treatment from N.C. Jindal Hospital, Hisar where he remained admitted from 8.6.2009 to 9.7.2009. He has also claimed that he has suffered permanent disability. He claimed his age to be 21 years and has claimed that he was in service at Grain Market, Fatehabad and was earning a sum of Rs. 10,000/- per month by doing agricultural work as well as sale of milk.

2. The respondents have resisted the claim petition. They have denied the averments of the claimant regarding his age, occupation and income. They have denied the claimant to deserve a sum of Rs. 20 lakhs as compensation.

3. It is a case of 100% disability on account of loss of vision in both eyes. Learned Tribunal awarded a sum of Rs. 3,10,978/- as compensation for expenses on treatment, a sum of Rs. 50,000/- for loss of amenities and enjoyment of life, another sum of Rs. 50,000/- for loss of matrimonial prospects and a sum of Rs. 3,24,000/- as loss of future income on account of the disability. For service of attendants, a sum of Rs. 50,000/- is awarded. A sum of Rs. 20,000/- is awarded for transportation charges and lastly, a sum of Rs. 3,000/- is awarded as expenses on special diet. Therefore, a sum of Rs. 8,27,978/- has been allowed as compensation.

4. Learned counsel for the appellants has contended that the claimant-appellant has lost both of his eyes. According to him, he has been taken as a labourer and his income is taken at Rs. 1,500/- per month which is too low. According to him, the expenses on special diet are compensated by allowing a sum of Rs. 3,000/- only. He has submitted that it is a case of head injury and vision of both the eyes was lost on account of the head injury. According to him, loss of income during treatment is also ignored by learned Tribunal and loss of marriage prospects is also not duly compensated.

5. Learned counsel for respondent No. 3 has submitted that adequate amount has already been awarded as compensation to the claimant.

6. Having lost vision of both of his eyes on account of the head injury and having been assessed as 100% disability by the doctors, as stated by Dr. Vinod Kumar [PW-1], the world has become dark for the appellant. He has lost all colours of life. It is hard to compensate such a person.

7. Learned Tribunal has lost sight of the fact that any care to collect bills would be insufficient for collecting all the bills of expenses incurred in the treatment. When bills have been produced on the file to prove expenses of treatment in a sum of Rs. 3,10,978/-, some amount should have been added thereto in the name of expenses incurred without collecting bills. In these circumstances, I assess a sum of Rs. 3,25,000/- as compensation for the expenses incurred in the treatment of the appellant.

8. The income of the deceased is taken as Rs. 1,500/- per month. This is definitely on a lower side. A person with 100% disability of this nature would lose his 100% earning capacity. The income of the claimant could not be taken below Rs. 3,500/- per month and the loss of earning capacity on account of the disability by multiplying this amount with 12 and then by 18. The amount so calculated comes to Rs. 7,56,000/-. So, I allow this am