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Judgment
Leave granted.
Heard counsel for the parties.
These appeals have been filed against the judgment of the High Court dated 17.01.2017 by which both the appeals are allowed in part. The judgment and award dated 19.12.2012 passed by the Motor Accident Claims Tribunal was modified. The claimant was directed to be entitled to compensation of Rs.9,08,000/- (Rupees nine lakh eight thousand only) as against Rs.9,70,000/- (Rupees nine lakh seventy thousand only) with interest at the rate of 6% per annum from the date of filing of the claim petition till the date of deposit.
Learned counsel for the appellant submitted that the disability of the appellant, as per medical evidence on record, was 78.77% to right lower limb and 39.38% to the whole body. He further submitted that the High Court has assessed the disability of the appellant as 50% in all and compensation has accordingly been reduced.
The High Court in its impugned judgment has assessed the disability to an extent of 50%. Towards loss of amenities consequent to disability was assessed only Rs.25,000/-. We do not find any error in the judgment of the High Court in so far as other aspects have been considered. We, however, are of the view that instead of amount of Rs.25,000/- towards loss of amenities of life, award of an amount of Rs.87,000/- towards loss of amenities of life shall serve the ends of justice.
By this modification, award of compensation to the appellant, which was reduced by the High Court from Rs.9,70,000/- to Rs.9,08,000/- shall again become Rs.9,70,000/-, which was awarded by the Tribunal. The appellant is, thus, awarded compensation of Rs.9,70,000/- with interest as awarded.
Both the appeals are disposed of subject to above modification.