SANJAY KISHAN KAUL,J. - (1.) Leave granted. CIVIL APPEAL No.4576/2021
(2.) The sole question which arises for determination in this appeal filed by the Insurance Company is whether directions can be passed by the Court while determining compensation under the Motor Vehicle Act, 1988 (hereinafter referred to as "the said Act") in the manner of a direction in perpetuity for continued maintenance of a prosthetic limb for the injured claimant.
(3.) The respondent No.1 viz. Mukesh Kumar, was 19 years of age Jen he met with an accident on 25.8.2017 which resulted in permanent disability of his right lower limb, which was treated asa 100% disability. An amputation had to take place below the knee of that limb. In the assessment made by the Motor Accident Claims Tribunal (MACT), an amount of Rs.2 Lakhs was quantified towards loss of amenities, life and disfigurement which would include the expenses towards his prosthetic limb. On examination in appeal, the learned judge of the High Court by the impugned order dated 04.11.2020 has passed directions in the following terms: "7. With consent, the impugned award dated 22.01.2020 passed by the learned MACT in Petition No.129/2018, is modified to the extent that the claimant/R-1 shall be supplied a prosthetic limb of good quality which is suitable and comfortable to him. It shall carry a lifetime warranty. Should it be required to be replaced/ repaired at any stage, the insurance company will do so. The insurer will enquire from the victim, at least twice a year, as to the working condition of the prosthetic limb, through his e-mail address and telephone number, as well as through his counsel's e-mail address and telephone number. The details are as under:- JUDGEMENT_79_LAWS(SC)8_2021_1.html 8. In case of any difficulty apropos the prosthetic limb, the claimant may intimate the insurer through e-mail addresses and/ or telephone numbers of three officers of the insurer, as supplied to him. These details shall be provided to the claimant within 2 weeks from today. 9. It will be open to the claimant to communicate the quotation or estimate for a suitable prosthetic limb to the insurance company at the e-mail addresses and telephone numbers provided by the learned counsel for the insurer. The impugned order is modified to this extent." (details redacted) ;