P. K. MISRA, J. ( 1 ) THE claimant has filed this appeal under section 173 of the Motor vehicles Act, 1988 (hereinafter referred to as 'the Act') claiming higher compensation. ( 2 ) THE claimant is a minor girl and the claim application was filed through her father. At the time of the accident, the claimant was aged about ten years. The claims Tribunal has awarded a sum of rs. 52,000 on different heads. The appeal has been filed claiming a further amount of Rs. 1,48,000. ( 3 ) IN this appeal in spite of notice, there is no appearance either on behalf of the owner or on behalf of the insurance company. Since in many matters, the Oriental insurance Co. Ltd. is represented through advocate Mr. A. K. Mohanty, copy of this appeal memo had been served on Mr. A. K. Mohanty and he had been requested to obtain instruction from the insurance company by order dated 27. 4. 99. When the matter is taken up today, Mr. A. K. Mohanty, advocate, is not present obviously because he must not have received any instruction from the insurance company. Be that as it may, since the notice is sufficient, the appeal is disposed of on merit. ( 4 ) THE claimant was a minor girl aged about ten years at the time of accident. The claims Tribunal has referred to various materials on record and come to the conclusion that the claimant had been hospitalised for a total period of about three months in two different hospitals. There was fracture of tibia and fibula and plastic surgery had to be undertaken. The lacerated wound on left leg from ankle was of the size of 15 cm. x 41 cm. Even the Claims tribunal has referred to the fact that the flesh near the sites of injury was missing and plastic surgery had to be undertaken. The father of the claimant who had been examined as a witness had stated that he had incurred about Rs. 40,000 towards expenditure. The two doctors who had examined the injured at different stages have opined that the percentage of disability was fifty per cent and forty-five percent respectively. However, the Claims tribunal has assessed the disability to be less than thirty per cent but did not grant any compensation on this head on the footing that the injured was a minor child.
The two doctors who had examined the injured at different stages have opined that the percentage of disability was fifty per cent and forty-five percent respectively. However, the Claims tribunal has assessed the disability to be less than thirty per cent but did not grant any compensation on this head on the footing that the injured was a minor child. Judicial notice can be taken of the fact that all the expenses incurred for medical treatment are not likely to be reflected in the receipts and there are many expenses such as, transportation charges, fooding, payment of fees to the doctors (sometimes permitted and sometimes not permitted)which can be termed as reasonable expenditure for which no receipt and vouchers are likely to be obtained. It is proved that the injured was hospitalised for a period of three months initially at Bhanjanagar and subsequently for a period of two months and twenty days in M. K. C. G. Medical college and Hospital, Berhampur, which is a distant place from the native place of the claimant. In view of the aforesaid, the assessment of actual expenditure at rs. 7,000 appears to be totally disproportionate to the expenditure which must have been incurred, but which cannot be proved through any documentary evidence. In my view, the Tribunal should have awarded at least Rs. 20,000 more on the head of expenditure for the purpose of medicine, treatment, transportation charges as well as the expenditure for the attendants. Besides, the award of Rs. 30,000 on the heads relating to injuries, pain and suffering appears to be grossly low. Keeping in view the nature of injuries and the fact that the leg of the minor girl has been disfigured permanently, thus, reducing the marital prospect, and keeping in view the pain and suffering which she must have undergone for at least a period of three months and the fact that even she has not been fully cured and the percentage of disability as found by the Tribunal, I think interest of justice would be served by directing the insurance company to pay a further sum of rs. 30,000 on these heads. In other words, in addition to the amount already directed to be paid a further sum of Rs. 50,000 should be paid to the claimant-appellant.
30,000 on these heads. In other words, in addition to the amount already directed to be paid a further sum of Rs. 50,000 should be paid to the claimant-appellant. This enhanced amount along with the original awarded amount shall be paid to the claimant-appellant with interest at the rate of 9 per cent as directed by the Claims tribunal from the date of the claim application. In addition to the condition imposed by the Tribunal, I direct that out of the enhanced amount of Rs. 50,000 a sum of Rs. 30,000 shall be kept in a fixed deposit in the name of the claimant-appellant for a period of five years with permission to withdraw quarterly interest and the balance amount of Rs. 20,000 along with the accrued interest as directed shall be paid to the claimant-appellant by way of an account payee cheque. It is made clear that if amount is not paid by 30. 9. 1999, the entire amount shall carry interest at the rate of 12 per cent thereafter. ( 5 ) THE appeal is accordingly allowed. Since there is no appearance of the insurance company, there will be no order as to costs. It is made clear that since the claimant-appellant is a minor girl, no court-fee is payable. Appeal allowed.