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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 7989 of 2002

PETITIONER:

Nagappa

RESPONDENT:

Gurudayal Singh & Ors.

DATE OF JUDGMENT: 03/12/2002

BENCH:

M.B. SHAH, B. P. SINGH & H.K. SEMA.

JUDGMENT:

J U D G M E N T

(Arising out of S.L.P. (C) No.19562 of 1999)

Shah, J.

Leave granted.

Question involved in this appeal is whether one time

payment of compensation to a poor agriculturist would be sufficient to

meet the future medical expenses? It is true that lump-sum

compensation contemplating future eventualities can be granted but at

the same time Is it permissible under the Act to grant recurring

medical expenses to such a victim? Secondly, whether amendment to

the claim petition could be granted at the appellate stage?

Before we deal with this question, we would narrate a few facts.

The appellant, a poor agriculturist, along with some other persons was

travelling in a bullock cart on 6.2.1985 which met with an accident

with a truck as a result of which he suffered injuries including the

injury on right foot and right ankle exposing soft tissues and bones

which was subsequently required to be amputated. Other persons

also sustained in