JUDGMENT 1. - This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the Act') is directed against the judgment and award dated 16th December, 1996 passed by Motor Accident Claims Tribunal, Bhilwara (for short the Tribunal') whereby the Tribunal awarded compensation of s Rs. 25,000/- in favour of the appellant-claimant (for short 'the claimant') and against the respondents. Being aggrieved and dissatisfied with the quantum of compensation assessed and awarded by the Tribunal, the claimant filed the instant appeal seeking enhancement of compensation. 2. I have heard learned counsel for the parties and perused the judgment and award impugned. 3. It is contended by the learned counsel for the appellant that the claimant suffered as many as four injuries on her person in the accident caused by tractor and trolley bearing number RRE-4749 and 4750 respectively, on 18.5.1993 at about 7:30 PM. The injury on right leg resulted in fracture of femur bone and right hip bone. For these grievous injuries, the Tribunal awarded a meagre sum of Rs. 25,000/- as compensation and, therefore, he contended that the compensation needs to be enhanced. 4. Learned counsel for the respondent supported the judgment and award of the Tribunal. 5. I have carefully gone through the record of the Tribunal, pleadings and evidence produced by the parties before the Tribunal. 6. Soon after the accident, the claimant was medically examined by Medical Jurist, Mahatma Gandhi Hospital, Bhilwara vide Ex. 32 and the Radiologist vide Reports Ex. 33 and 34. The Radiologist Reports Ex. 33 and 34 show that there were fractures of right femur bone of right thigh and of right hip bone. The claimant has produced on record the admission and discharge ticket of Mahatma Gandhi Hospital, Bhilwara Ex. 31, which show that she was admitted in hospital on 18.5.1993 for treatment of fracture of shaft femur bone and fracture of hip bone. There was perinea; tear. She was treated in hospital till 11.6.1993 and thereafter discharged with advice to take bed rest as her fractured leg was plastered. She has produced treatment record and bills Ex. 36 to Ex. 104. At the relevant time of accident, she was minor girl of 8 years.
There was perinea; tear. She was treated in hospital till 11.6.1993 and thereafter discharged with advice to take bed rest as her fractured leg was plastered. She has produced treatment record and bills Ex. 36 to Ex. 104. At the relevant time of accident, she was minor girl of 8 years. Her father Rajendra Kumar stated on oath before the Tribunal that due to the said accident his daughter Kumari Minaxi sustained two fractures on her right leg thigh i.e. fractures of femur bone and of hip bone. In addition to that she had sustained injuries on her private parts due to hit of handle of cycle in the said accident. He further stated that skin below knee removed because of impact of cycle. She also sustained injury on head which finds corroboration from the injury report Ex. 32 and Radiologist Reports Ex. 33 and 34. She was treated at Bhilwara initially and thereafter she was taken for treatment to Ahmedabad (Gujarat). There is an evidence on record that she was treated by Shri Joytindra P Pandit, M.S. (Ortho.) at Ahmedabad and the prescription slip of Joytindra P Pandit, M.S. (Ortho.) Ex. 101 shows that the skin grafting was done on her right leg. After over all treatment, on 8.5.1994, she was examined by Dr. G.K. Mishra, M.S. (Ortho.), Junior Specialist and Head of Department, General Hospital, Chittorgerh vide Ex. 35. On examination, the Orthopaedician found that there is big scar on anteriolateral aspect of right leg extending from knee to ankle. Skin is adherent at some places, there is mill union of femur at middle of so thigh. There is limping in gait cycle. The percentage of permanent partial disablement was assessed to be about 10%. AW-1 Rajendra Kumar who is father of claimant Kumari Minaxi has stated that he had incurred about Rs. 70,000/- on his daughter's treatment, conveyance and attendant's charges and also stated that the expenses are likely to be incurred for future treatment. The Tribunal awarded Rs. 9,000/- as treatment expenses, Rs. 3,000/- for the injuries, Rs. 5,000/- for physical pain and mental agony suffered, Rs. 5,000/- for s partially permanent disablement and Rs. 3,000/- for the attendant and as such in all it awarded Rs. 25,000/-. 7.
The Tribunal awarded Rs. 9,000/- as treatment expenses, Rs. 3,000/- for the injuries, Rs. 5,000/- for physical pain and mental agony suffered, Rs. 5,000/- for s partially permanent disablement and Rs. 3,000/- for the attendant and as such in all it awarded Rs. 25,000/-. 7. Keeping in view the nature of injuries and duration of treatment, usual deprivation, physical pain as also mental agony suffered and is to be suffered in future on account of injuries, loss of amenities of life and the education in earning capacity on account of permanent limping, I am of the new that compensation awarded by the Tribunal is too low under the above noticed different heads. Undisputedly, the injuries suffered by the claimant are of severe nature and has adversely affected the normal life and future career of the claimant. Keeping this view, in my considered opinion, a sum of Rs. 70.000/- is just and proper compensation which should take care of compensation needs to be awarded under various afore-noticed heads. 8. In view of the aforesaid, this appeal succeeds and is allowed. The compensation is enhanced from Rs. 25,000/- to Rs. 70,000/-. The enhanced amount shall carry interest (4) 9% per annum from the date of application till realisation. However, there shall be no order as to costs.Appeal Allowed. *******