Shah, J. -
(2.)Question involved in this appeal is - whether one time payment of compensation to a poor agriculturist would be sufficient to meet the future medical expenses It is true that lump sum compensation contemplating future eventualities can be granted but at the same time - Is it permissible under the Act to grant recurring medical expenses to such a victim Secondly, whether amendment to the claim petition could be granted at the appellate stage
(3.)Before we deal with this question, we would narrate a few facts. The appellant, a poor agriculturist, along with some other persons were travelling in a bullock cart on 6-2-1985 which met with an accident with a truck as a result of which he suffered injuries including the injury on right foot and right ankle exposing soft tissues and bones which was subsequently required to be amputated. Other persons also sustained injuries and the bullock cart was also damaged. The appellant, along with other injured persons, filed claim application bearing MVC No. 321 of 1985 before the Claims Tribunal, Chitradurga. The Tribunal passed an award dated 26-3-1990 granting a sum of Rs. 15,000/- for injury, pain and suffering, Rs. 5000/- for loss of enjoyment of life and Rs. 5000/- for loss of earnings and Rs. 5000/- for medical treatment, totalling Rs. 30,000/- with interest at the rate of 9% per annum from the date of application. Against that award, appellant preferred MFA No. 2237/90 before the High Court of Karnataka at Bangalore. The High Court enhanced the compensation and awarded Rs. 82,000/- towards the loss of amenities of life, loss of future earnings, pain and sufferings. Apart from this sum, it was ordered that the appellant shall be entitled to a further sum of Rs. 18000/- for purchase of artificial leg. It has come on record that the appellant was an agriculturist and that according to the medical evidence, he had suffered 80 to 85 per cent permanent disability. The medical evidence further reveals that his right leg was amputated and he was required to change the artificial leg once in 2 to 3 years.