2026 INSC 396 Page 1 of 25

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4642 OF 2026

(@ Special Leave Petition (C) No. 8756 of 2024)

Prahlad Sahai ……. Appellant(s)

Versus

Haryana Roadways & Anr. ……. Respondent(s)

J U D G M E N T

K. V. Viswanathan, J.

1. For amputees, a prosthetic limb would get them closest

to the life experienced, before the onset of their disability.

The device, apart from empowering them, is integral to their

life, giving them confidence and self-belief. The appliance is

so personal to the individual that its indispensability can only

be better appreciated by the person disabled. In a poignant

Page 2 of 25

passage, Lord Brooke in David Pinnington vs. Crossleigh

1

observed:

“49. …Those of us who have not had the misfortune of

losing an arm may have more difficulty in appreciating

the view of the joint experts when they said how

personal this kind of appliance is to a disabled …”

(Emphasis supplied)

2. The primary issue in this case concerns the

jurisprudential basis for the computation and award of

compensation under the head of “Prosthetic Limb”, in motor

accident cases.

3. Leave granted. The present appeal calls in question the

correctness of the order dated 21.08.2023 passed by the

High Court of Judicature for Rajasthan, Bench at Jaipur, in S.B.

Civil Misc. Appeal No. 1661/2017. By the said Order, the

High Court, while partly allowing the appeal of the appellant,

enhanced the compensation awarded from Rs. 8,73,211/- (as

awarded by the Motor Accident Claims Tribunal, hereinafter

referred to as ‘Tribunal’) to Rs. 13,02,043/-.

1

[2003] EWCA Civ 1684

Page 3 of 25

BRIEF FACTS: -

4. As a result of an unfortunate accident on 02.05.2007, the

appellant’s entire right leg was crushed. Ultimately, the

appellant’s right leg from below the knee had to be

amputated. The accident occurred when the appellant was

travelling with his friend on a motorcycle from Transport

Nagar to Ajmer Road in Jaipur, Rajasthan. The bus belonging

to Haryana Roadways dashed into the motorcycle from

behind.

5. A chart showing the compensation awarded by the

Tribunal and the enhancement by the High Court under

various heads is set out hereinbelow : -

S.No.

Title/item

Compensation

awarded by the

Tribunal

Compensation

determined vide this

judgment

2

1

In the head of loss of future

income Rs. 5,61,600/- Rs. 8,10,432/-

2

In the head of physical and

mental sufferings Rs. 50,000/- Rs. 65,000/-

3

In the head of loss of future

amenities Nil Rs. 65,000/-

2

This judgment: means the judgment of the High Court.

Page 4 of 25

4

In the head of amount spent

during treatment Rs. 1,61,111/- Rs. 1,61,111/-

5

In the head of admission for

51 days in hospital during

treatment. Rs. 25,500/- Rs. 25,500/-

6

In the head of loss of income

during treatment period. Rs. 54,000/- Rs. 54,000/-

7 In the head of healthy diet Rs. 10,000/- Rs. 10,000/-

8

In the head of expenditure

on transportation Rs. 10,000/- Rs. 10,000/-

9

In the head of loss of

property Rs. 1,000/- Rs. 1,000/-

10

In the head of attendant/

assistant Nil Rs. 1,00,000/-

Total Rs. 8,73,211/- Rs. 13,02,043/-

6. Aggrieved by the order of the High Court, the appellant

is in appeal before us seeking enhancement and

compensation under additional heads.

7. We have heard Mr. Anuj Bhandari, learned Counsel for

the appellant, Mr. Akshay Amritanshu, learned Counsel for

the Haryana Roadways Corporation-respondent No.1 and Mr.

Vishnu Mehra, learned Senior Counsel for the Insurance

Company-respondent No.2.

Page 5 of 25

CONTENTIONS OF THE APPELLANT: -

8. Mr. Anuj Bhandari, learned Counsel submits that no

provision has been made for artificial/prosthetic limb and

compensation towards purchase and maintenance of the

same. Relying upon Mohd. Sabeer @ Shabir Hussain v.

Regional Manager, U.P. State Road Transport

Corporation

3

, learned Counsel contends that the appellant

was 32 years of age on the date of the accident and taking an

assumed life expectancy of 70 years, he would need

prosthetic limb(s) for 38 years. Learned Counsel contends

that an artificial limb needs to be replaced every 5 years and

maintenance charges will also have to be incurred. Learned

Counsel contends that there is a need for standardization of

the compensation for prosthetic limb (s) since even

according to the chart furnished by the Counsel for the

Haryana Roadways, compensation rang ing from Rs.

3,10,000/- to Rs. 35,00,000/- has been awarded in different

cases by this Court. Learned Counsel draws attention to Md.

3

2022 SCC OnLine SC 1701

Page 6 of 25

Shabir (supra) where the cost of a prosthetic limb for one

block of 5 years was taken at Rs. 2,60,000/- and maintenance

cost between Rs. 15,000/- to 20,000/- were awarded.

9. Learned Counsel further relies on the order of the High

Court of Delhi in Ajay Kumar vs. Shyam Sunder

4, wherein

the High Court, vide its order dated 04.01.2018 issued notice

to various expert bodies and stakeholders to ascertain the

pricing of prosthetic limbs. Thereafter, by order dated

19.02.2018, the High Court in Ajay Kumar (supra) constituted

an expert committee to give report inter alia on fixing

artificial limb on motor accident victims and its costing. Ajay

Kumar (supra) was merged with the case of Rajesh Tyagi &

Ors. v. Jaibir Singh & Ors.

5

, (Rajesh Tyagi - IV) and

thereafter an order was passed on 08.01.2021 (J.R. Midha, J.)

making the report of the committee an integral part of the

order. Learned counsel ultimately suggested that life span

be taken as seventy years following Md. Shabir (supra); In

the event of the claimant being above the age of seventy

4

MAC. APP. 1134/2017

5

FAO No. 842/2003

Page 7 of 25

years, one time compensation be granted and as regards

inflation even though National Insurance Company Limited

v. Pranay Sethi and Others

6 fixed the enhancement rate at 10

per cent for every three years for certain heads, learned

counsel suggested that considering the current inflation it

ought to be fixed at 5 per cent per annum;

10. Learned Counsel suggested that in case lump sum

amount is given, for future years the claimant will be earning

interest and as such the price of the prosthetic limb be taken

as a constant and an award for every segment of five years

be made till the claimant reaches the age of seventy years;

Learned Counsel submits that taking the price of prosthetic

limb which was at Rs. 2,78,000/- in 2021, (which, according to

him, would have been Rs. 1,78,000/- in 2007), prayed for a

suitable award. Learned counsel further prays that the said

amount be granted to him at 9 per cent interest from the date

of accident till the date of payment.

6

(2017) 16 SCC 680

Page 8 of 25

11. Learned Counsel for the appellant submitted that the

High Court has erred in not considering the monthly income

of the appellant as Rs. 6,000/-. Learned Counsel contends

that the appellant was a driver and his claim of Rs. 6,000/-

per month was not unreasonable and further submits that

documentary evidence could not be expected from persons

employed in that strata of income. Learned Counsel

contends that the difference between Rs. 4500 and Rs. 6000 is

not very high. Learned Counsel relies on Chandra and

Another v. Mukesh Kumar Yadav and others

7,.

Ramachandrappa v. Manager, Royal Sundaram Alliance

Insurance Company Limited

8

and Syed Sadiq and others v.

Divisional Manager, United India Insurance Company

Limited

9 in support of the proposition.

12. According to the learned Counsel, the loss of future

income should have been taken as Rs. 16,12,800/- instead of

Rs. 8,10,432/-. Learned Counsel contends that the functional

7

(2022) 1 SCC 198

8

(2011) 13 SCC 236

9

(2014) 2 SCC 735

Page 9 of 25

disability of the appellant was hundred per cent. Learned

Counsel relies on the evidence of AW-2 Dr. Ratan Lal Dayma

to support the plea that the appellant would not be able to

drive heavy vehicles. Learned Counsel, relying upon Pranay

Sethi (Supra) and Smt. Sarla Verma & Others v. Delhi

Transport Corporation & Another

10, contends that taking

future prospect at 40 per cent and applying 100 per cent

functional disability, the amount towards loss of future

prospects would be Rs. 16,12,800/-.

13. Further, the learned counsel also prays for

compensation for future medical treatment as well as for

litigation expenses.

CONTENTIONS OF THE RESPONDENTS: -

14. Mr. Akshay Amritanshu, learned Counsel for Haryana

Roadways, produced a chart insofar as the claim under

compensation for prosthetic limb is concerned. Learned

Counsel submitted that there is indeed a variation in the

award of compensation between Rs. 3,10,000/- to Rs.

10

(2009) 6 SCC 121

Page 10 of 25

35,00,000/- and relied on a chart to drive home the point.

Learned Counsel submits that in Md. Shabir (supra) for a

thirty-seven year old patient, after taking life span as seventy

years, compensation for three prosthetic limbs was awarded.

Learned Counsel contends that award of compensation

should not result in any windfall and what should be awarded

is a “just and reasonable” compensation.

15. Learned Counsel further contends that in Chandra

Mogera v. Santosh A. Ganachari & Anr.

11, this Court held

that in every claim petition in which claim for compensation

under the head of prosthetic limb is filed, it shall be

accompanied with price quotations from at least two or three

service providers. Learned Counsel for Haryana Roadways,

suggested inflation rate of four per cent per annum for the

cost of prosthetic limb.

16. Mr. Vishnu Mehra, learned Senior Counsel for the

insurance company drew attention to the notification of the

Government of India dated 09.07.2024 and invited particular

11

Civil Appeal 12183/2025 dated 11.9.2025

Page 11 of 25

attention to the suggested price range of Rs. 20,000/- to

25,000/-. Learned counsel for the insurance company

contends that no evidence was produced to show that the

salary of the appellant was Rs. 6,000/- . Learned Counsel

submitted that the claim under the heads of prosthetic limb,

further medical treatment, pains, suffering, loss of amenities

and litigation cost are on the higher side.

QUESTION FOR CONSIDERATION :-

17. In the above background, the question that arises for

consideration is whether the appellant has made out a case

for further enhancement of compensation?

ANALYSIS AND REASONING: -

PROSTHETIC LIMB – RESTITUTING CLAIMANT TO THE

ORIGINAL POSITION – AS FAR AS POSSIBLE :-

18. For the compensation of prosthetic limb(s), no amount

has been awarded by the Tribunal or the High Court. It is

undisputed among all parties that the appellant is entitled to

be compensated towards the cost of purchase of prosthetic

Page 12 of 25

limb(s) and its maintenance. The only question is, what

should be the compensation which is payable.

19. Under Section 168 of the Motor Vehicles Act, 1988, the

mandate is to determine a ‘just compensation’. Pasayat J.,

speaking for this Court in State of Haryana and Another v.

Jasbir Kaur and Others,

12

held as under:-

“7. It has to be kept in view that the Tribunal

constituted under the Act as provided in Section 168

is required to make an award determining the

amount of compensation which is to be in the real

sense “damages” which in turn appears to it to be

“just and reasonable”. It has to be borne in mind that

compensation for loss of limbs or life can hardly be

weighed in golden scales. But at the same time it has

to be borne in mind that the compensation is not

expected to be a windfall for the victim. Statutory

provisions clearly indicate that the compensation must

be “just” and it cannot be a bonanza; not a source of

profit; but the same should not be a pittance. The courts

and tribunals have a duty to weigh the various factors

and quantify the amount of compensation, which should

be just. What would be “just” compensation is a

vexed question. There can be no golden rule

applicable to all cases for measuring the value of

human life or a limb. Measure of damages cannot be

arrived at by precise mathematical calculations. It

would depend upon the particular facts and

circumstances, and attending peculiar or special

features, if any. Every method or mode adopted for

assessing compensation has to be considered in the

background of “just” compensation which is the

pivotal consideration. Though by use of the

12

(2003) 7 SCC 484

Page 13 of 25

expression “which appears to it to be just” a wide

discretion is vested in the Tribunal, the

determination has to be rational, to be done by a

judicious approach and not the outcome of whims,

wild guesses and arbitrariness. The expression

“just” denotes equitability, fairness and

reasonableness, and non-arbitrary. If it is not so it

cannot be just. (See Helen C. Rebello v. Maharashtra

SRTC [(1999) 1 SCC 90].”

(Emphasis supplied)

20. As rightly held in Jasbir Kaur (supra) compensation for

loss of limbs can hardly be weighed in golden scales and

one cannot expect a mathematical exactitude in arriving at a

just and reasonable recompense.

21. This Court in Hardeo Kaur v. Rajasthan State Transport

Corpn.,

13 regarding assumed life span of a claimant held as

under:-

“6. This Court in Jyotsna Dey v. State of Assam, 1987 ACJ

172 has observed that the span of life should be taken to

be 70 years in view of the high rise in life expectancy. It

is specially so in the case of Army officers who are

disciplined to live an active and energetic life. The

courts below were not justified in taking the normal

span of life to be 60 years and that of an Army officer 56

years.”

(Emphasis supplied)

13

(1992) 2 SCC 5676

Page 14 of 25

22. Further, this Court in Md. Shabir (supra) dealing with

compensation for purchase and maintenance of prosthetic

limb held as under: -

“23. As per the current compensation given for

the prosthetic limb and its maintenance, it would

last the Appellant for only 15 years, even if we

were to assume that the limb would not need to be

replaced after a few years. The Appellant was

only 37 years at the time of the accident, and it

would be reasonable to assume that he would live

till he is 70 years old if not more. We are of the

opinion that the Appellant must be compensated so

that he is able to purchase three prosthetic limbs in

his lifetime and is able to maintain the same at least

till he has reached 70 years of age. For the Prosthetic

limbs alone, the Appellant is to be awarded

compensation of Rs. 7,80,000 and for maintenance of

the same he is to be awarded an additional Rs.

5,00,000/-.”

(Emphasis supplied)

23. What is crucial to note is, this Court fixed the assumed

life span of claimant as seventy years and also awarded

maintenance cost. This Court also held that average life of a

prosthetic limb would be a few years.

24. Our research led us to a web hosted PowerPoint

presentation titled “Prosthetic Claims – restitutio in

integrum?” by Mr. Steve Love, KC. We have found the

Page 15 of 25

presentation, especially the case law referred to therein

which we have examined, very useful for the adjudication of

the present case.

ARE COURTS BOUND BY THE GOVERNMENTAL RATES

UNDER THE NOTIFICATION? :-

25. In David Pinnington (supra), recognizing the

entitlement of the disabled individual to opt for a prosthetic

limb from a Private Centre and recognizing the legitimacy of

computing that amount as a reasonable compensation, it was

held: -

“49. Again it seems to me to be very much a matter for

the judge to assess. There was not the evidence, as there

just might have been in Woodrup, to entitle the judge to

indulge in the kind of speculation that Mr Cotter urged

on us. This was a case in which, bearing in mind what

he is entitled to do under the 1948 Act, the judge was

entitled to find that it was reasonable for Mr

Pinnington to acquire this range of devices and

renew them once every five years. He would be

acting reasonably in acquiring them from a private

centre which would provide him properly for his

needs in what is very much a very personal affair….”

(Emphasis supplied)

Page 16 of 25

26. In similar vein, Lloyd Jones J. A (suing by her litigation

friend Mrs H) v. Powys Local Health Board,

14 held that if the

treatment claimed by the claimant is reasonable, it is no

answer for the defendant to point to cheaper options. This

principle was extended to assessment of damages in respect

of aids and equipment, as is clear from the following extracts

from Powys (supra).

“94. The basis of assessment is the test of

reasonableness as stated in Rialis v Mitchell, (Court of

Appeal, 6 July 1984) and Sowden v Lodge [2004] EWCA

Civ 1370, [2005] 1 All ER 581, [2005] 1 WLR 2129. The

Claimant is entitled to damages to meet her

reasonable requirements and reasonable needs

arising from her injuries. In deciding what is

reasonable it is necessary to consider first whether

the provision chosen and claimed is reasonable and

not whether, objectively, it is reasonable or whether

other provision would be reasonable. Accordingly, if

the treatment claimed by the Claimant is reasonable

it is no answer for the Defendant to point to cheaper

treatment which is also reasonable. Rialis and Sowden

were concerned with the appropriate care regime.

However, the principles stated in those cases apply

equally to the assessment of damages in respect of

aids and equipment. In determining what is required

to meet the Claimant's reasonable needs it is

necessary to make findings as to the nature and

extent of the Claimant's needs and then to consider

14

[2007] EWHC 2996 (QB)

Page 17 of 25

whether what is proposed by the Claimant is

reasonable having regard to those needs. (Massey v

Tameside and Glossop Acute Services NHS Trust [2007]

EWHC 317 (QB), Teare J at para 59; Taylor v Chesworth

and MIВ [2007] EWHC 1001 (QB) Ramsay J at para 84.”

(Emphasis supplied)

27. Hence, we have no hesitation in rejecting the rates

prescribed in the Government Notification relied upon by the

Insurance Company which, in any event, are abysmally low.

28. P. Ramanatha Aiyar in his “Advanced Law Lexicon” (3

rd

Edition 2005) defines restitutio in integrum as follows:-

“To restore parties to their original position.

restitution to the original condition”.

Extending the principle of restitutio in integrum to cases of

provision for prosthetic limbs after holding that claimants are

entitled to their own choice of procuring a prosthetic limb

without relying on the National Health Service, and

recognizing the right of periodic replacement, it was held in

Kerry Donnelly v. Fas Products Ltd

15, as under: -

“41. ….She is not obliged to use the National Health

Service in order to acquire a prosthesis: Law Reform

15

2004 S.C.L.R. 678 UK

Page 18 of 25

(Personal Injuries) Act 1948, section 2(4). While I cannot

be certain that the pursuer will in fact choose to replace

her prosthesis every year, I consider that she is entitled

to be put into such a position that she is able to do so. A

prosthesis is a poor substitute for lost fingers but it is

the only substitute that is available. The principle of

restitutio in integrum applies. If it is necessary for the

pursuer to succeed in recovering the whole life cost

of replacement that I find that she probably will

replace the prosthesis each year by private purchase

(assuming that she is placed in such a financial position

as to allow her to do so), then I make that finding…..”

(Emphasis supplied)

The only caveat is that the claim should be reasonable. What

is also significant to note is the entitlement of the claimant to

replacement cost has been recognized.

29. Nearer home, in the case of Chandra Mogera (supra),

Sanjay Karol J. speaking for this Court said: -

“10. The appellant, on account of the amputation above

knee would require a prosthetic limb. It is a fact that a

prosthetic limb, which is an aid for mobility, is not

permanent in nature. It generally has a limited span of

usability and usually requires replacement once

every 5 years in order to function effectively. The

appellant was aged 29 years at the time of filing of

the present appeal, and it would be reasonable to

assume that he would live at least till the age of 70

years, as a conservative estimate, if not more.

Therefore, he would require prosthetic replacement

at an interval of every 5 years until he attains the age

of 70 years...……”

11. We find that in recent cases the claim for

compensation against the head of prosthetic limb has

Page 19 of 25

often come up for consideration before this Court.

Almost in every case, no estimate for cost is provided,

either as the basic cost of procurement or for periodic

maintenance thereof. It is, as such we direct that

henceforth whenever a claim for grant of

compensation under the head of Prosthetic

Limb/Artificial Limb is filed, then the same shall be

accompanied with requisite quotations from at least

two or three service providers, enabling the Tribunal

to make an informed assessment of the actual cost

which may be incurred in the future.”

(Emphasis Supplied)

This Court in Chandra Mogera (supra), held that the life

span as five years for an artificial limb and the age up to

which compensation for artificial limb is to be computed as

seventy years. Most importantly, this Court also laid down

that henceforth whenever a claim for grant of compensation

under the head of prosthetic limb/artificial limb is filed the

same shall be accompanied with requisite quotations from at

least two or three service providers enabling the Tribunal to

make an informed assessment. We concur with the said view

and reiterate the said holding.

30. As would be clear from the discussion hereinabove, our

Court has recognized a block of five years as the reasonable

Page 20 of 25

replacement period for a prosthetic limb, and we have

followed the same.

31. The appellant was thirty-two years in 2007. Applying an

assumed life span of seventy years as the maximum for which

as a standard formula compensation for prosthetic limb is

awarded and calculating the life of one prosthetic limb as

five years, the appellant will need seven prosthetic limbs.

Insofar as the price is concerned, the appellant has claimed

the 2007 price for the first block with interest @ 9 per cent.

Though he has claimed for eight limbs the correct proportion

to award would be seven limbs, since the amputation

happened on 17.07.2009.

32. We are inclined to award, like in Md. Shabir (supra), a

consolidated amount towards the price. We are inclined to

grant Rs. 3,00,000/- per limb on a standard basis for seven

limbs. In view of the fact that a consolidated amount is being

paid, no interest from the date of the accident is awarded.

Considering that the price has been arrived at by broadly

applying the case Md. Shabir (supra), which we find

Page 21 of 25

reasonable, we are not inclined to proceed on the basis of

the notification relied upon by the Insurance Company.

33. We are also inclined to award cost of maintenance of

prosthetic limb at Rs.15,000/- annually. For a block of five

years, it would work out to approximately Rs. 75,000/-. We

award a consolidated sum of Rs. 5,00,000/- till the assumed

life span of seventy years.

MONTHLY INCOME AND FUTURE PROSPECTS: -

34. This Court in Jai Bhagwan v. Laxman Singh,

16

regarding the assessment of damages in personal-injury-

actions, observed as under:-

“9. In the matter of assessment of damages in personal-

injury-actions, the approach of the Court, as indicated by

the House of Lords in H. West & Son,

Ltd. v. Shephard [(1963) 2 All ER 625] is guided by these

considerations:

“My Lords, the damages which are to be awarded

for a tort are those which ‘so far as money can

compensate, will give the injured party reparation

for the wrongful act and for all the natural and

direct consequences of the wrongful act’

[Admiralty Comrs. v. Susquehanna (Owners), The

Susquehanna [(1926) All ER 124 : 1926 AC 655] ].

The words ‘so far as money can compensate’ point

to the impossibility of equating money with

human suffering or personal deprivations . A

16

(1994) 5 SCC 5

Page 22 of 25

money award can be calculated so as to make good a

financial loss. Money may be awarded so that

something tangible may be procured to replace

something else of like nature which has been

destroyed or lost. But money cannot renew a

physical frame that has been battered and

shattered. All that judges and courts can do is to

award sums which must be regarded as giving

reasonable compensation. In the process there

must be the endeavour to secure some uniformity

in the general method of approach. By common

assent awards must be reasonable and must be

assessed with moderation. Furthermore, it is

eminently desirable that so far as possible

comparable injuries should be compensated by

comparable awards. When all this is said it still must

be that amounts which are awarded are to a

considerable extent conventional.”

10. In Clerk and Lindsell on Torts (16th Edn.), referring to

damages for personal injuries, it is stated:

“In all but a few exceptional cases the victim of

personal injury suffers two distinct kinds of damage

which may be classed respectively as pecuniary and

non-pecuniary. By pecuniary damage is meant that

which is susceptible of direct translation into

money terms and includes such matters as loss of

earnings, actual and prospective, and out-of-pocket

expenses, while non-pecuniary damage includes

such immeasurable elements as pain and suffering

and loss of amenity or enjoyment of life. In respect

of the former, it is submitted, the court should and

usually does seek to achieve restitutio in integrum

in the sense described above, while for the latter it

seeks to award ‘fair compensation’. This distinction

between pecuniary and non-pecuniary damage by no

means corresponds to the traditional pleading

distinction between ‘special’ and ‘general’ damages,

for while the former is necessarily concerned solely

with pecuniary losses — notably accrued loss of

earnings and out-of-pocket expenses — the latter

comprises not only non-pecuniary losses but also

Page 23 of 25

prospective loss of earnings and other future

pecuniary damage.”

As to awards for non-pecuniary losses, the learned authors

say:

“Non-pecuniary losses are different from

pecuniary losses in that the restitutio in integrum

objective cannot be applied literally to them —

damages cannot restore a lost limb or happiness.

While there is some disagreement as to the

function of non-pecuniary damages, many would

agree with the Royal Commission's suggestions

that they serve as a palliative, or provide the

plaintiff with the means to purchase alternative

forms of happiness, or help to meet hidden

expenses caused by injury. While the practice of the

courts is not to subdivide non-pecuniary damages

under specific heads, nevertheless proper

consideration cannot be given to the plaintiff's claim

without taking into account the various types of loss he

has suffered.”

(Emphasis supplied)

35. The appellant claimed a monthly income of Rs. 6,000/-,

as a heavy vehicle driver. The Tribunal and the High Court

proceeded on basis of monthly income being Rs 4,500/-. We

are inclined to accept the submission of the learned Counsel

for the appellant that the income should be taken as Rs.

6,000/- and the future prospects ought to be calculated on

that basis. We are persuaded to hold by relying on the

judgments of Ramachandrappa (supra) and Syed Sadiq

(supra) that merely because the appellant has not produced

Page 24 of 25

the documentary evidence, we are not prepared to reject the

same. Considering the occupation as driver and the year of

the accident, Rs. 6,000/- per month appears to be a

reasonable amount to compute. Further AW-2 Dr. Ratan Lal

Dayma has clearly deposed that the appellant will not be

able to drive heavy vehicles. Today, his right leg is

amputated. Hence, we compute the functional disability to

100 per cent and applying the formula of Rs.6000 X 40%X 12

X 16 (multiplier) and taking disability at 100 per cent, we

arrive at the figure of Rs. 16,12,800/-. The High Court has

awarded Rs. 8,10,432/-. Hence, on this head, the

compensation will stand further enhanced by Rs. 8,02,368/-

and accordingly, the loss of income during the treatment

period will stand enhanced by Rs. 18,000/-.

36. Insofar as the claim towards litigation cost , a

consolidated sum of Rs. 2,00,000/- is awarded.

CONCLUSION :-

37. For the reasons stated above, we allow the appeal by

enhancing the compensation under the head ‘loss of future

Page 25 of 25

income’ by Rs. 8,02,368/-; under ‘loss of income during

treatment period’ to Rs. 18,000/-; litigation cost at Rs.

2,00,000/- and the compensation payable towards prosthetic

limb including maintenance cost at Rs. 26,00,000/- (21,00,000

+ 5,00,000). Accordingly, we direct the insurance company-

Respondent No. 2, to pay a sum of Rs. 36,20,350/-(rounded

off). We make it clear that this amount of Rs. 36,20,350/- is

over and above the amount as ordered by the High Court.

38. The above amount as directed shall be paid within four

weeks from today, failing which interest shall be payable at

9% per annum.

39. The appeal is allowed. No order as to costs.

……….........................J.

[J.B. PARDIWALA]

……….........................J.

[K. V. VISWANATHAN]

New Delhi;

21

st

April, 2026