Asha, J. Appellant is the injured in a motor vehicle accident which occurred on 23.10.2006 while she was walking along Thodupuzha-Vaikom road on being hit by a tipper lorry. From the wound certificate Ext.A3 it is seen that she suffered the following injuries:
“(1) Traumatic amputation right foot through ankle, foot hanging on narrow skin and foot is irreparably damaged and severely contaminated.
(2) Loss of skin lower third of right leg.”
2. She was admitted in the Medical College Hospital, Kottayam. Her foot had to be removed below the knee. She underwent treatment for a long period. The disability certificate shows that she is having 40% disability. The claim petition was filed seeking compensation to the tune of Rs.18,82,500/- which was limited to Rs.12 lakhs.
3. The appellant was 20 years old at the time of the accident and was studying for degree course. The learned counsel for the appellant submits that the amount awarded under various heads are thoroughly insufficient and inadequate. We heard the learned counsel for the Insurance Company also.
4. It is seen that the appellant, who was aged 20 years, suffered from very serious injuries which resulted in amputation of a leg below her knee. The Tribunal awarded a sum of Rs.2,75,460/- along with interest @ 7.5% per annum.
5. The learned counsel for the appellant relying on the judgment of the Apex Court in Dinesh Singh v. Bajaj Allianz General Insurance Company Limited and another [(2014) 9 SCC 241] contended that the appellant is entitled to be reasonably compensated towards loss of amenities of life, loss of marriage prospects apart from the compensation under the head of pain and agony. It was a case where the claimant was an Engineering Graduate who was employed as Quality Engineer in a private company. His leg had to be amputated and he was able to move with the assistance of an artificial limb only after conducting surgery two times. There, the Honourable Supreme Court enhanced the amount under the head, pain and agony to Rs.1,20,000/-. The compensation under the head loss of marriage prospects was enhanced to Rs.1 lakh and the compensation under the head loss of amenities of life was enhanced to an amount of Rs.3,50,000/-. Further, the amount awarded by the Tribunal towards future medical expenses including the charges to change his artificial limb as and when required was enhanced to Rs.5,50,000/-. A sum of Rs.50,000/- was awarded towards treatment of the claimant therein having regard to the fact that the artificial limb had to be changed time and again.
6. In the present case, the appellant is a 20 year old girl who is very seriously affected by the amputation of her leg; her dreams to have a married life is shattered on account of the accident. It is also submitted that the notional income fixed by the Tribunal is too low. In the light of the judgment cited by the learned counsel Dinesh Singh v. Bajaj Allianz General Insurance Company Limited and another (supra), we find that appropriate modifications have to be effected to the award, granting suitable amounts under the heads of loss of amenities of life, loss of marriage prospects, pain and agony etc., having regard to the plight of a 20 year old girl with amputated leg. We find that the notional monthly income, has to be refixed at Rs.5,000/-, having regard to the wage structure prevailing at the relevant time. Compensation towards disability has to be reckoned considering Rs.5,000/- as her monthly income and adopting the multiplier of 17. The Tribunal has awarded only a sum of Rs.20,000/- towards pain and suffering. We enhance the same to Rs.50,000/-. A sum of Rs.1 lakh is awarded towards loss of marriage prospects and a sum of Rs.3,50,000/- towards loss of enjoyment of life and amenities of life, in the light of the judgment of the Supreme Court. The appellant has been using artificial limb which has to be replaced regularly. Going by the judgment supra, we enhance the amount towards charges for `artificial foot in future' to Rs.50,000. TThe award is accordingly modified as given below:
(Rupees Ten lakhs twenty nine thousand and three hundred only) Thus, the appellant will be entitled to a total compensation of Rs.10,29,300/- (Rupees Ten lakhs twenty nine thousand and three hundred only), which will carry interest at the rate of 9% per annum from the date of petition. The Insurance Company is directed to deposit the entire amount of compensation within a period of three months from the date of receipt of a copy of this judgment, less the amount already deposited before the Tribunal and on such deposit being made, the claimant can withdraw the amount.
The appeal is allowed accordingly. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR Judge rtr/ Sd/-
P.V.ASHA Judge /true copy/ P.S to Judge