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Judgment
J.P. Singh, J.—For the injuries sustained in a Motor Vehicular Accident by the Offending Vehicle bearing Registration No. 99D-121881W,
the appellant filed a petition with the Motor Accidents Claims Tribunal, Srinagar-Kashmir, claiming Rs. 46,70,000/- as Compensation for the
injuries received in the accident because of which his left leg above -knee had to be amputated.
Dr. Abdul Khaliq, appellant-claimants witness assessed the permanent disability for the appellant's leg at 75%.
Taking monthly income of the appellant, who was 15 years of age at the time of the accident, at Rs 15,000/- relying inter-alia on Manju Devi
and Anr. v. Musafar Paswan and Anr. reported as 2005 ACJ 1999, the appellant was held entitled to compensation amounting to Rs. 1,68,750/-,
besides Rs. 30,000/-. for shock, pain and mental agony, and further amount of Rs. 20,000/- for inconvenience, hardship, discomfort, frustration,
stigma and mental stress. A total amount of Rs. 3,58,750/- was, thus, awarded to the appellant as Compensation for the injury caused to him in the
accident.
Dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has filed this appeal.
Appellant's learned Counsel submits that the Tribunal has erred in selecting the multiplier and a higher multiplier was required to be adopted for
assessing Compensation to the appellant.
I have considered the appellant's Counsel's submission but do not find any merit therein, in that, the Tribunal has applied the maximum multiplier
indicated in the Second Schedule, issued u/s 163-A of the Motor Vehicles Act, which is a guiding Schedule to determine the amount of
Compensation payable to victims of the Motor Accidents Cases.
Looking to the various Heads under which the Compensation has been awarded by the Tribunal, in addition to the one payable to the appellant
in terms of the Schedule, I do not see any merit in this appeal, warranting enhancement of the amount of compensation awarded by the Tribunal to
the appellant.
There is, thus, no merit in this appeal, which is, accordingly dismissed.