[Civil Appeal No. 10811 of 2013 arising out of SLP (C) No.19944/2011]. This appeal arises out of an order dated 25.4.2007 passed by the High Court of Judicature at Allahabad in F.A.F.O. No.918 of 2004 whereby civil appeal filed by the appellant for enhancement of the amount of compensation awarded to him has been dismissed as barred by limitation. We have heard the learned counsel for the parties at some length. In the ordinary course, since the High Court has dismissed the appeal only on the ground of limitation, we could have condoned the delay and remitted the matter back to the High Court for a fresh order on merits but having regard to the fact that the accident in question took place as early as in the year 1999 in which the appellant lost a leg, we do not find remand to be a good option. We have in that view heard learned counsel for the parties at some length, on the merits of the claim for enhancement. It is not in dispute that the appellant was 30 years of age on the date of the motor accident. It is also not in dispute that he is an educated person and was doing business in the sale of fertilizers. The fact that he has lost his leg in the accident is bound to not only affect his earning capacity but deprive him of several amenities in life.
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