proved, the tribunal rightly granted Rs.50,000/ -. So far as the pain and sufferance concerned in the three expressions, it is awarded nearly Rs.1,00,000/ - or Rs.1,50,000/ - and the tribunal awarded herein is Rs.20,000/ -. In fact, the amputation is immediately in the present case, but in some of the cases placed reliance supra it was after prolonged treatment and the injured underwent therein several surgeries and thereafter only there was amputation. Hence, each case depends upon respective facts but for to add Rs.10,000/ - to make it Rs.30,000/ - from Rs.20,000/ - under the head. Regarding loss of amenities, once it is considered of 70% permanent disability that is also with future prospective earnings since awarding no further amount can be awarded therefrom and in the present case he is not unmarried person for awarding any amount for loss of marriage prospects to place reliance on any expression in this regard. Thus, besides Rs.9,45,000/ - supra, the amount of Rs.75,000/ - towards artificial limb, Rs.50,000/ - towards medical expenses, Rs.30,000/ - arrived towards pain and sufferance and mental agony, Rs.10,000/ - towards loss of amenities and Rs.5,000/ - towards loss of earnings by taking one month period of treatment from the evidence of P.W.2 as the injured discharged after 9 days having been admitted on 28.06.2005 and discharged on 17.07.2005, which comes to Rs.11,15,000/ - is the just compensation for which the claimant is entitled. Hence, the compensation awarded by the tribunal of Rs.7,49,680/ - is to be enhanced to Rs.11,15,000/ - by confirming the rate of interest at 7.5% p.a. awarded by the tribunal. It is submitted by the learned counsel for the claimant that the rate of interest may be enhanced to 9%p.a. but as per the latest three judge Bench expression in Rajesh supra and from the settled proposition of law including from TN State Corporation Limited v. S.Rajapriya6 considering the steep fall in 6 2005(6) SCC 236.
