“A man is not compensated for physical injury, but for the loss which he suffers because of it. His loss is not in having stiff parts of the body, but it is his inability to live a full life and enjoy those amenities which depend on freedom of movement and his inability to earn as much as he used to earn or could have earned.” Nagpur High court has held in a case while granting relief to a  man whose right leg was amputated after an accident.

In the instant matter, the Insurance major challenged the Motor Accident Claims Tribunal (MACT) award at Darwah in Yavatmal delivered on August 5, 2009, that had awarded Rs3.40 lakh compensation with 9% interest from the date of the case filed. Respondent Toufic Ahemed was hired to work as a driver. At the time of the accident, Toufic was sitting on the adjacent seat. The driver died on the spot while Ahemed sustained grievous injuries. His right leg was amputated below the knee which led to 70% permanent disability.

A single judge bench of Justice Urmila Joshi-Phalke further observed that “In calculating the compensation, the object is to award an amount which will put the injured person in the same position had he not sustained the injuries. Indeed, money cannot renew the physical frame which has been damaged, but the endeavour in awarding the compensation should be just and reasonable compensation.”