SUPREME COURT OF INDIA

Before:- A.P. Misra and B.N. Agrawal, JJ.

Civil Appeal No. of 2001 (arising out of SLP (C) No. 13770 of 1999). D/d. 23.3.2001.

Zumar Lal - Appellant

Versus

Nand Kishore and others - Respondents

Quantum of compensation - Injury - Appellant leg amputated - Appellant (injured) aged 62, years suffered permanent disability - High Court granted compensation Rs. 1,00,000/- Supreme Court in the interest of justice enhanced the compensation to Rs. 2,00,000/- Hence appeal allowed.

[Para 2]

Cases Referred :-

Muthaiah Shekhar v. Nesamony Transport Corpn. Ltd., 1998 ACJ 1357 (SC).

Shashendra Lahri v. UNICEF, 1998 859 (SC).

JUDGMENT

A.P. Misra & B.N. Agrawal, JJ. - Leave granted.

2. Heard learned counsel for the parties. The appellant slipped and fell down while travelling by a bus. He was standing on the footboard. The bus ran over his legs. His right leg was overrun by the rear wheel of the bus and was entirely crushed and fractured. The appellant filed a claim before the Motor Accidents Claims Tribunal claiming a compensation for Rs. 4,00,000/-. The Tribunal did not grant any compensation by holding that the accident occurred due to negligence of the appellant himself and rejected the claim for compensation. On appeal the High Court set aside the findings of the Tribunal and granted compensation of Rs. 1,00,000/-. The appellant's leg was amputated which is a permanent disability in nature. The High Court granted compensation of Rs. 1,00,000/-. This court in Muthaiah Shekhar v. Nesamony Transport Corpn. Ltd., 1998 ACJ 1357 (SC), where a person's hip was dislocated granted a compensation of Rs. 3,00,000/-. In another case in Shashendra Lahri v. UNICEF, 1998 859 (SC), where a person's leg was shortened the compensation awarded was Rs. 4,00,000/-. However, as in the present case the appellant is of 62 years of age justice would be done if the total compensation is enhanced by further amount of Rs. 1,00,000/- the total comes to Rs. 2,00,000/-. We order accordingly.

The appeal is allowed. There shall be no order as costs.

Appeal allowed.