Neutral Citation No. - 2025:AHC:77340 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 3445 of 2009 Appellant :- Sachin Kumar Respondent :- Bhajan Singh And Another Counsel for Appellant :- Vidya Kant Shukla Counsel for Respondent :- Pawan Kumar Singh Hon'ble Vipin Chandra Dixit,J. 1. Heard Sri Vidya Kant Shukla, learned counsel for the appellant and Sri Pawan Kumar Singh, learned counsel appearing on behalf of respondent no.2 Insurance Company. No one is present on behalf of respondent no.1, who is owner of the truck. 2. This First Appeal From Order has been filed on behalf of the claimant-appellant under section 173 of Motor Vehicle Act for enhancement of compensation against the judgment and award dated 08.09.2009 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Muzaffar Nagar in MACP No.463 of 2008 titled as "Sachin Kumar Vs. Bhajan Singh and another" by which compensation of Rs.1,00,000/- along with interest of 6% has been awarded on account of injuries received by the claimant-appellant. 3. It is submitted by learned counsel for the claimant-appellant that the claimant had received grievous injuries in a road accident on 03.09.2008 by truck bearing No.PB 23 E/ 8385 which was driven by its driver very rashly and negligently. The right leg of the claimant was amputated on account of injuries received by him. The claimant had filed disability certificate disclosing disability of 50%. The Insurance company has not adduced any evidence in rebuttal and the Claims Tribunal has erred in disbelieving the disability certificate merely on the ground that the doctor, who issued disability certificate was not produced in evidence to prove disability certificate. The claimant was appeared before the Claims Tribunal at the time of argument and it has been seen by the Claims Tribunal that his right leg was amputated. Despite this fact, nothing has been awarded towards loss of earning capacity and Rs.1,00,000/- (Rs. One lac) as lump-sum amount has been awarded. It is further submitted that the Claims Tribunal has failed to assess just and proper compensation and without application of mind has awarded only Rs.1,00,000/- as compensation. 5. On the other hand, Sri Pawan Kumar Singh, learned counsel appearing on behalf of Insurance Company submits that age of the claimant-appellant was 12 years having no income and the Claims Tribunal has rightly assessed the amount of compensation and no ground for enhancement is made out. The appeal is liable to be dismissed. 6. Considered the submissions of learned counsels for the parties and perused the records. 7. It was the case of the claimant before Claims Tribunal that his right leg was amputated on account of injuries received in the accident. The claimant was physically appeared before the Claims Tribunal. The amputation of right leg in the accident has not been disputed by the Insurance Company at any point of time. The Claims Tribunal itself has recorded the finding that the right leg of claimant was amputated. As per disability certificate, there was 50% permanent disability to the claimant. The Claims Tribunal has erred in not awarding any amount towards 50% disability of the claimant. The Claims Tribunal has committed illegality in not calculating the compensation as per provisions of Motor Vehicle Act and only Rs.1,00,000/- has been awarded as lump-sum amount to the claimant-appellant, which is on lower side. 8. The Hon'ble Apex Court in the case of Kurvan Ansari alias Kurvan Ali and another Vs. Shyam Kishore Murmu reported in 2021 (4) T.A.C. 673 (SC) has accepted Rs.30,000/- as annual income of a boy of seven years who was student of class-II. The income of the claimant aged about 12 years is accepted to Rs.30,000/- per annum. 9. In view of above discussions, the compensation awarded by the Motor Accident Claims Tribunal is reassessed as follows :- (i) Annual Income = Rs.30,000/- (ii) Future Prospects (40%) = Rs.12,000/- (iii) Total annual income = Rs. 30,000/- + Rs.12,000/ = Rs. 42,000/- (iv) Loss of earning capacity (50%) = Rs.21,000/- (v) Multiplier applicable (15) = Rs.21,000/- x 15 = Rs. 3,15,000/- (vi) Pain, suffering and loss of amenities = Rs. 20,000/- Total : Rs.3,15,000/- + Rs. 20,000/- = Rs. 3,35,000/- 10. Accordingly, the First Appeal From Order is partly allowed. The compensation awarded by the Claims Tribunal is enhanced from Rs.1,00,000/- to Rs. 3,35,000/-. The claimant-appellant is also entitled for interest at the rate of 6% on the enhanced amount from the date of award of Claims Tribunal i.e. 08.09.2009. 11. The respondent no.2 Insurance Company is directed to pay the enhanced amount along with interest within a period of two months from today. 12. No order as to costs. Order Date :- 12.5.2025 Sumit S Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad