AI Structured Summary
Not yet generated for this judgment
Judgment
This appeal has been filed by the claimant-appellant for enhancement of compensation awarded by the Claims Tribunal, Dumka in Claim Case No. 25 of 1997. The claimant is aged 39 years having three daughters and two sons. He was posted as driver in Dumka Town Police Station at Dumka. The claimant while driving the jeep on his official duty and going to Dumka-Bhagalpur Main Road, a truck dashed in the back side of the jeep, consequent thereupon the claimant fell down on the road and sustained injuries, as a result, his both legs have been amputated. The Tribunal gave a finding that about Rs. 2 lacs have been spent towards medical treatment. Accordingly, the Tribunal awarded Rs. 2 lacs towards medical expenses and besides that, the Tribunal awarded a sum of Rs. 96,000/- for non-pecuniary damages.
In course of argument, it was brought to our notice that after the said accident, because of shock the wife of the claimant committed suicide and the claimant, though totally disabled, is looking after his five children. Taking into consideration all these facts, we have no doubt in our mind in holding that the amount of compensation awarded by the Tribunal is in a very lower side.
Admittedly, the claimant incurred Rs. 2 lacs towards medical expenses. Besides the medical expenses, a minimum compensation for amputation of two legs should be Rs. 5 lacs. Accordingly, the Insurance Company is directed to pay a sum of Rs. 7 lacs as compensation together with interest @ 6% per annum from the date as awarded by the Claims Tribunal, Needless to say that the amount already paid shall be deducted from the total compensation.
With the aforesaid directions, this appeal is allowed.