JUDGMENTS : AMPUTATION

IN THE SUPREME COURT OF INDIA AT NEW DELHI
[Civil Appeal arising out of S.L.P. (C) No.26754 of 1995; decided on 2.5.1996]

PRESENT:
MR. JUSTICE N.P. SINGH
MR. JUSTICE S. SAGHIR AHMAD

K. Narayanaswamy ... Appellant

V

Mukunda and others ... Respondents

________________________________________
Important point:
Amputation of hand-Apex court enhanced the compensation 75.000.00


JUDGMENT

N.P. Singh & S. Saghir Ahmad, JJ.-Leave granted.

2. The appellant was a cleaner of the truck in question which met with an accident. Because of the accident, the ribs and bones of the appellant were fractured. One hand had to be amputated. The Accidents Claims Tribunal awarded an amount of Rs. 45,000 as compensation along with interest at the rate of 9 per cent per annum. The High Court raised the said amount to Rs. 55,000.

3. Pursuant to the notice, the respondent insurance company has appeared and filed a counter-affidavit. The appellant was then aged about 30 years and because of the accident not only his ribs and bones were fractured but even one of his hands had to be amputated. Taking all the facts and circumstances into consideration, we direct that an amount of Rs. 75,000 Rs. seventy-five thousand only) shall be paid as compensation along with interest at the rate of 9 per cent per annum since the date of filing of the application till the date of payment to the appellant.

4. The appeal is accordingly allowed. If the amount directed to be paid has already been paid to the appellant, then the balance amount shall be paid to the appellant within three months from the date of communication of this order. No costs.

Appeal allowed.

________________________________________
www.swamilawyer.com