JUDGMENTS : AMPUTATION

IN THE SUPREME COURT OF INDIA AT NEW DELHI
[Review Petition (C) No.466 of 1999; decided on 10.4.2000]

PRESENT:
MR. JUSTICE S.B. MAJMUDAR
MR. JUSTICE R.P. SETHI

Grifan …Petitioner

V

Sarbjeet Singh and others …Respondents


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Important:
Case of amputation-50 per cent permanent disability-Award of Rs. 2,00,000 enhanced by the Apex Court to Rs. 4,00,000. Considered future prospects also.



JUDGMENT

Majniudar & Sethi, JJ.-Having heard learned counsel for the parties the review petition is allowed.

In the special leave petition, leave is granted and the appeal is taken up for final disposal forthwith as indicated in the notice issued in the review petition on 15.4.1999.

2. We have heard learned counsel for the appellant as well as learned counsel for the respondents, especially the insurance company which has to bear the burden of the compensation. Looking to the facts and circumstances of this case, in our view, an additional award of Rs. 2,00,000 (Rupees two lakh only) is required to be granted in favour of the claimant whose right leg was amputated due to rash and negligent driving of the respondent No.1. The medical evidence shows that he has suffered from 5O per cent disability. But even taking the overall disability of 50 per cent and looking to his income of Rs. 4,000 per month which would have risen further if the appellant had not suffered from this injury at the age of 45 years considering this aspect and keeping in view his future prospects which are affected because of this permanent injury, we deem it fit to enhance the award of compensation by Rs. 2,00,000 more in addition to Rs. 2,00,000 already ordered by the high Court.

3. The net result is that an additional amount of Rs. 2,00,000 (Rupees two lakh only) towards the full and final satisfaction of the claim of the claimant in this case will be paid by the insurance company to the appellant within six weeks from today. The award shall stand enhanced accordingly.

This civil appeal is accordingly allowed. No costs.

Appeal allowed.
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