Full Judgment
Deepak Verma, J.
1. The claimant has come up in appeal for enhancement of compensation, awarded by Addl. Motor Accident Claims Tribunal, Jaora in M.V. Case No. 13 of 2002 decided on 15.11.2002.
2. The claimant, a young boy aged 5 years, met with a road accident on account of rash and negligent driving of the offending vehicle by respondent No. 1. The vehicle, at the time of accident was owned by respondent No. 2 and was insured with respondent No. 3.
3. According to the claimant, on account of personal injuries, sustained by him, he was required to undergo a prolonged treatment at various places, including Baroda (Gujarat).
4. From the evidence on record, it is clear that the claimant sustained a crushed injury in the left foot, as a result, his left paw was amputated.
5. Dr. S.K. Bahal (P.W. 2) has stated before the Tribunal, that left leg of the claimant is shortened by 1' and as per Ex. P. A-96, the claimant had sustained in the lower leg 53% of permanent disability and overall disability sustained by him is 21%. The doctor has stated that the claimant would find it difficult to walk and as he grow in age, the disability will gradually increase.
6. The Tribunal considering the evidence, has awarded a sum of Rs. 76,000/- to the claimant.
7. After hearing the learned Counsel for parties and after going through the record and the expert's evidence of Dr. S.K. Bahal (P.W. 2), in our opinion, the award of Rs. 76,000/- is too meagre.
8. On account of the injury, which lead to the amputation of paw, the appellant will have to live with this disability throughout his life. His marriage prospects are also substantially diminished. Undoubtedly, the appellant, a young boy, has been deprived of the natural pleasures of walking, running, playing, climbing etc. In our opinion, a total sum of Rs. 3,00,000/- (Rupees three lacs) inclusive of all medical expenses, past and future, would be just and proper compensation, which the appellant is entitled to recover from the respondents, jointly and severally.
9. Thus, the appeal is partly allowed to the extent indicated above. The impugned award is modified to the extent as aforesaid. The enhanced amount shall carry interest @ 8% per annum from the date of application, till it is actually paid to the appellant.
10. The respondent No. 3 shall bear the cost throughout. Counsel's fee Rs. 1,000/-, if certified.