JUDGMENT This is claimants appeal against the award dated 11.4.2002 passed by the seventh Additional Member Motor Accident Claims Tribunal, Indore in claim case No. 35/2001. As per the claim petition on 2.10.1995, the first respondent owner and driver of moped No. MP09-P-3582 while driving it rashly and negligently dashed to the appellant. The appellant received grevious injuries on her face. The appellant therefore filed a claim petition seeking compensation of Rs. 3 lacs from the respondent owner and insurer of the vehicle. The respondents resisted the claim and denied the averments made by the appellant. The Claims Tribunal after recording the evidence held that the respondent 1 was negligent in driving his vehicle and awarded compensation of Rs. 32,000/- to the appellant with interest @ 9% per annum. Feeling aggrieved by this the appellant has filed this appeal for enhancement. The appellant contended that the claims Tribunal has erred in ignoring the permanent disablement certificates Ex. P-39 and Ex. P-45 filed by the appellant showing that there is permanent disfigurement of the face of the appellant due to the said accident. The respondent 3 insurer contended that the compensation awarded is just and needs no enhancement. The appellant Preeti (AW 2) has deposed that due to the said accident she suffered grievous injuries on his face and head. She was operated for injury on her frontal bone. Her statement is corroborated by the evidence of Narayan Pandey (AWl) Assistant Medical Officer of Choithram Hospital, Indore and Leeladhar (A W 4). Leeladhar (A W 4) has deposed that his daughter Preeti was aged 8 years at the time of accident. She suffered injuries on her head and face. She was taken to Pragati Nursing Home. She was then referred to Choithram Hospital, Indore. He further deposed that the appellant was hospitalised for 8 days in the Choithram Hospital Indore. He produced the medical bills and the treatment papers. He also deposed that her treatment continued for 6-7 months and still, the appellant who was earlier very brilliant student is unable to study and play for a longer period. He also stated that due to the said accident there is disfigurement on the face. Dr. Basant Dakwale (A W 5) Neuro Surgeon of Chothram Hospital has stated that the appellant was admitted in the said hospital on 2.10.1995. In her X-ray report Ex. P-41 right frontal bone was found fractured.
He also stated that due to the said accident there is disfigurement on the face. Dr. Basant Dakwale (A W 5) Neuro Surgeon of Chothram Hospital has stated that the appellant was admitted in the said hospital on 2.10.1995. In her X-ray report Ex. P-41 right frontal bone was found fractured. The report of the citi scan is Ex. P-38. He further stated that the appellant remained hospitalised from 2.10.1995 to 7.10.1995. Dr. Pradeep Chaudhary Orthopadic Surgeon after examining the papers and the appellant herself, issued permanent disability certificate Ex. P-45 and deposed that the permanent disfigurement was to the extent of 9% on the face. Having regard to the fact that the appellant is a girl and the nature of injury suffered by her on her face and the certificate Ex. P-45 certifying that the permanent physical disability of the face of the appellant is to the extent of 9%, in my view, the compensation awarded by the claims Tribunal is on lower side. Accordingly, I modify the award and award the compensation of Rs. 25,000/- for permanent disfigurement of face, Rs. 25,000/- for pain and sufferings, Rs. 20,000/- for medical expenses, special diet, expenses of attendant and transportation, Rs. 30,000/- for loss of future prospects of marriage. Thus, the total compensation payable to the appellant is Rs·. 1,00,000/-. The enhanced compensation shall carry interest @ 6% per annum from the date o( claim petition till the date of payment. The appeal is allowed in part. No order as to costs.