Judgment:
Amarjeet Chaudhary, J.
1. The Motor Accident Claims Tribunal Ropar in a claim petition filed by Jarnail Singh minor through his mother Nichhattar Kaur claiming compensation on account of injuries sustained by him in a road accident on 19.3.1984, awarded Rs. 42,500/- as compensation, with interest at the rate of 12% per annum from the date of petition till realization. The liability to pay compensation was joint and several.
2. Dis-satisfied with the award, the claimant has come up in appeal for the enhancement of compensation.
3. The award of the Tribunal has been impugned on the ground that the compensation awarded to the claimant is not commensurate with the injuries suffered by him. Further, the appellant has been incapacitated for the rest of his life and would not be able to earn his livelihood and shall remain dependent upon others for his bread and butter.
4. In brief, the facts of the case are that the claimant had received multiple injuries on both of his legs in a road accident on 19.3.1984. He was operated upon on 20.3.1984, 5.4.1984 and 24.4.1984. Skin grafting of both his legs was done on these three occasions. As a result of injuries, he has been in capacitated for the rest of his life and is unable to lead a normal life. The claimant what to talk for running would not be able to walk even and cannot stand erect on account of the injuries. The movements of the claimant are restricted and even he is to be carried from one place to another. During treatment, the claimant was required to take high protein diet. He had to undergo three surgeries in the PGI Chandigarh in the year 1991.
5. During the pendency of the appeal, the claimant moved an application with a request for summoning record of the PGI. This Court, on July 28, 1995 had directed the Medical Superintendent, Nehru Hospital, Post Graduate Institute to produce the record pertaining to the claimant who was admitted on 29.4.1991 and discharged on 29.6.1991. In compliance with this Court's order dated July 28, 1995, Mr. Hoshiar Singh, an employee of the P.G.I. had produced the record.
6. I have heard learned counsel for the parties, perused the case file and the record of the P.G.I.
7. In this case the accident and the manner in which the claimant had received injuries is not in dispute. The sole question for determination of this Court is regarding the quantum of compensation to which the claimant is entitled for the injuries suffered by him.
8. Dr. C.P. Sawhney, P.W.1, who had examined the claimant had found the following injuries on his person:-
1. Avulsion of the skin of right lower limb extending from middle of the thigh to lower 1/3rd of leg. The avulsion was circumferential.
2. Compound fracture of tibia right lower 1/3rd.
3. Skin of the left foot was completely avulsed both on dorsal and planter aspect.
4. Amputation of all toes of left foot.
It has come in the statement of Dr. Sawhney that the claimant was operated upon on 20.3.1984, 5.4.1984 and 24.4.1984 and surgeries/operations were performed which were major in nature. It has come in the testimony of this doctor that on account of the injuries, the claimant has been rendered incapacitated to perform normal routine life. The claimant would not be able to run, normally walk what to speak of participating in the games.
9. From the perusal of the record of the P.G.I. produced in this case, it is clear that the claimant had crush injury. Three operations for repair of deformity of the claimant were performed. The claimant had remained in the PGI for a considerable period.
10. This Court had an occasion to look at the claimant and was distressed to see a young boy in a pitiable condition. He was brought to the Court in cradle. He was even not able to squat on the floor. The whole human frame of the claimant has been shattered due to the injuries. His whole life has been ruined. The pain and suffering which the claimant must have undergone cannot be imagined. On account of deformity in the knee and also on account of amputation of all the toes of left foot, this Court is of the view that the claimant would also require artificial limb which will also require replacement.
11. Keeping in view all the factors, the claimant is held entitled to a total compensation of Rs. 1,50,000/- (Rupees one lac and fifty thousand only). The amount of compensation of Rs. 42,500/- already awarded to the claimant is to be adjusted against the enhanced compensation. The claimant will also be entitled to interest at the rate of 12% per annum on the compensation amount from the date of petition till realization. The respondents, will be jointly and severally liable to make the payment.
The appeal is allowed in the terms indicated above with costs which are quantified at Rs. 2,000/-.