Future medical expenses -- Appellant would require three more replacements of the artificial left leg during his lifetime – High Court erred in granting Rs.50,000/- only for future medical expenses – Amount enhanced by Rs.2,50,000/- in addition to that granted by the High Court.

(SC) Decided on: 10.06.2020

Physical Functional disability – Consideration of -- Physical functional disability of the left leg was assessed at 75% and total body disability at 37.5% -- Earning capacity of the appellant as on the date of the accident stands completely negated and not reduced – It is difficult to comprehend the grant of compensation to him in ratio to the disability to the whole body -- Appellant is held entitled to compensation for loss of future earning based on his 75% permanent physical functional disability.

(SC) Decided on: 10.06.2020

Amputation of left leg at the age of 29 years – As per Medical certificate, appellant sustained a permanent disability of 90% -- Courts below reduced the permanent disability to 60% on the ground that the remaining body of the appellant is healthy -- 90% permanent disability due to the accident is liable to be maintained -- Considering the appellant’s annual income as Rs.24,000/- p.a., 90% of it would come to Rs.21,600/- and applying the multiplier 17, he would be entitled under the head of ‘permanent disability’ to compensation computed at Rs. 3,67,200/- -- Appellant is also entitled to get Rs.1,00,000/- as cost of the artificial limb -- Appellant is also entitled to receive interest at the rate of 6% p.a. from the date of filing of the claim petition till realization of the amount.

(SC) Decided on: 15.02.2017

Right leg of the appellant was amputated resulting in 80% permanent disability – Salary of claimant was assessed as Rs.4200/- p.m. -- Annual income of claimant was assessed as Rs.4200/-x12 = Rs.50,400/ -- 30% added towards future prospects Rs.50,400/- + 30% = Rs.65,520/- -- Applying multiplier of 15, compensation amounted to Rs.9,82,800/- -- Compensation for future treatment as Rs.2,00,000/-, pain and sufferings as Rs.1,50,000/-, loss of amenities Rs.1,50,000/- and medical treatment as Rs.3,01,320/- awarded -- Total compensation awarded as Rs.17,84,120/- -- Enhanced amount of Compensation is (Rs.17,84,120/-)-(Rs.5,31,440/-) = Rs.12,52,680/- -- Enhanced amount of compensation of Rs.12,52,680/- shall be payable within a period of two months -- The enhanced amount of compensation shall carry interest @ 9% per annum from the date of filing of the claim petition, till its realization.

(P&H HC) Decided on: 19.11.2015