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Head Note

Motor Vehicles Act,1988  - Section 166 , Section 168 , Section 173

Injured aged 24 years, B.E. Degree holder, working as Quality Engineer - Sustained grievous and facture injuries - Amputation of left leg above knee - Remained in hospital as an in patient from 13th April, 2004 till June, 2004 - Suffered 60% permanent disability of whole body - Tribunal awarded in all Rs. 30,60,160/- as compensation - High Court on appeal reduced compensation to Rs. 6,32,000/- - In absence of any documentary evidence, Tribunal as well as High Court rightly assessed monthly salary as Rs. 12,840/- - Injured operated upon twice, moving with assistance of artificial limp and still has to take treatment - Compensation of Rs. 70,000/- towards pain and agony enhanced to Rs. 1,20,000/- Award of Rs. 2,50,000/- towards loss of a amenities enhanced to Rs 3,50,000/- prospects enhanced to Rs. 1,00,000/- - Injured still requires treatment and has to change his artificial limb - Award of Tribunal on said enhanced from Rs. 5,00,000/- to Rs. 5,50,000/- - Rs 3,10,000/- towards medical expenditure rightly granted by Tribunal and High Court was at fault in reducing same - Claimant held entitled to Rs. 33,10,160/- as compensation - Interest awarded at 6% p.a.

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