Judgment ( 1. ) MID of June 1999 was a period of intensified embitterment, total despondency and gloominess for the claimants-appellants which has further deepened and worsened, for the initial lamentation instead of paving the path of alleviation and attenuation, as it seems, has led to further distress, misfortune, mishap and tribulation. The claimant-appellant, shailja Timoti, could never had dreamt that the exhilaration and jollity which have a base on vivacious animation of youth, the life and soul of life, would melt into a complete disaster annihilating the mirth in entirety, for on 16. 6. 1999 while she was travelling on a Luna to the house of teacher to be tutored at Chhindwara from her village loniakarbal, a lorry bearing registration no. MP 28-B 0324 being rashly and negligently driven by the driver, the respondent No. 1 herein, dashed against her vehicle as a consequence of which, she sustained grievous injuries on the head and various parts of the body and she became unconscious. It is worth noting, she was travelling with the appellant No. 2, Sonali, a young colleen, aged about 15 years. Both victims of the accident were carried to the hospital at Chhindwara and after availing primary treatment they were taken to Nagpur where they availed treatment. Driver who was responsible for the accident was proceeded against in Crime No. 361 of 1999 for the offence punishable under sections 279, 337 and 338 of the Indian Penal code. Because of the injuries caused by shailja initiated an action under section 166 of the Motor Vehicles Act, 1988 (for brevity the Act) before the Motor Accidents claims Tribunal, Chhindwara which formed the subject-matter on M. V. C. No. 80 of 2000 wherein she claimed a sum of Rs. 17,50,000 and Sonali preferred an application for compensation to the tune of Rs. 4,45,000 which was registered as claim Case No. 81 of 2000. ( 2. ) IT is apposite to note that both the claim petitions were disposed of by Tribunal by a composite award dated 28. 2. 2003 but the appellants have preferred a singular appeal. When the matter was taken up for hearing Mrs. 4,45,000 which was registered as claim Case No. 81 of 2000. ( 2. ) IT is apposite to note that both the claim petitions were disposed of by Tribunal by a composite award dated 28. 2. 2003 but the appellants have preferred a singular appeal. When the matter was taken up for hearing Mrs. Janhavi Pandit, learned counsel appearing for the appellants submitted that though two claim petitions were instituted a singular appeal has been filed but keeping in view the concept of beneficent legislation the appeals should be decided on merits more so, keeping in view the peculiar facts of the case and to the strata to which the injured girls belong. We must appreciably note that Mr. Rakesh Jain, the learned counsel for the insurer on whom liability has been fastened fairly conceded that he has no objection if both the claims put forth by the claimants-appellants are decided in this singular appeal. Ergo, we proceed to deal with the appeal treating the same to be an appeal preferred by both the victims of the accident for the purpose of enhancement of compensation awarded by the Tribunal. ( 3. ) BE it noted, the factum of accident, the involvement of the vehicle; non-breach of terms and conditions of the policy; and the liability of the insurer to indemnify the injured are not in dispute before us. The only cavil that has emerged for consideration is whether the amount of compensation granted by the Tribunal is just and proper or deserves to be enhanced? That being the position, we shall deal with the injuries sustained by each of the victims separately. ( 4. ) AS far as the claimant, Shailja is concerned, it has been brought on the evidence that she fell unconscious and was carried to a local hospital for primary treatment. As is evincible she was taken to Krims hospital, Nagpur where two operations were carried out on the brain and there was an operation on the leg. She remained in the hospital for almost a period of four months. She was brought back to Chhind-wara where she remained admitted in a local hospital. It was deposed before the tribunal that Rs. 19,00,000 had been spent on her treatment and parents were required to spend further Rs. 25,000. Exh. P1 to exh. P31 were brought on record showing the amount spent on her treatment. She was brought back to Chhind-wara where she remained admitted in a local hospital. It was deposed before the tribunal that Rs. 19,00,000 had been spent on her treatment and parents were required to spend further Rs. 25,000. Exh. P1 to exh. P31 were brought on record showing the amount spent on her treatment. Certain medical bills, as observed by the Tribunal were produced before the Tribunal. One dr. Goutam Danda, PW 5, has deposed that she remained admitted in the hospital at Nagpur from 16. 6. 1999 to 4. 9. 1999 and remained in a state of coma and suffered 75 per cent permanent disablement. The tribunal calculated the amount expended on treatment and determined the same at rs. 1,59,000. It granted Rs. 40,000 towards mental pain and physical suffering. Thus, in toto, Rs. 1,99,000 was granted towards compensation. ( 5. ) IN respect of the claim put forth by sonali, as is patent, she was a student of class IX and she was admitted in the hos-pital at Nagpur for a period of 9 days. Dr. G. Ramkrishnan, PW 6, has deposed that she was in the hospital from 16. 6. 1999 to 25. 6. 1999. Tribunal computed the amount of expenses on treatment at Rs. 22,150 and granted Rs. 10,000 for mental pain and physical suffering. Hence, the total sum of compensation awarded by the Tribunal is rs. 33,397. ( 6. ) QUESTIONING the soundness of award it is submitted by Mrs. Janhavi Pandit, the learned counsel for the appellants that the tribunal has erred in not taking into consideration the fact that both the claimants were students and as far as Shailja is concerned, she had suffered such injuries by which she has become a paraplegic and her quality of life has been totally deteriorated. It is her submission that the Tribunal has not considered various heads for granting compensation and has cryptically dealt with the issue of future treatment. It is propounded by Mrs. Pandit that Tribunal has really not awarded an acceptable amount with regard to permanent disablement suffered by the claimant despite ample oral and documentary evidence brought on record, which would go a long way to show that a young person has suffered enormous pain and immense discomfort which have ensued in total deprivation of enjoyment of quality of life. Pandit that Tribunal has really not awarded an acceptable amount with regard to permanent disablement suffered by the claimant despite ample oral and documentary evidence brought on record, which would go a long way to show that a young person has suffered enormous pain and immense discomfort which have ensued in total deprivation of enjoyment of quality of life. To bolster her submissions she has placed reliance on the decision rendered in the case of B. Anandhi v. R. Latha, 2002 ACJ 233 (Madras ). ( 7. ) IN criticism of the award passed in respect of Sonali, learned counsel submitted that the Tribunal has totally remained oblivious to the fact that for number of days the injured remained in the hospital. That apart, the Tribunal has really not dealt with the facet of compensation from various aspects and has granted a meagre sum which was an apology for compensation. The learned counsel, incrementing the aforesaid stand contended that the injured had undergone an operation and her spleen has been removed, as a consequence of which she has to remain in a state of strict vigil and treatment, for removal of spleen affects ones immunity which is elan vital for sustenance of a healthy body. It is propounded by her that the computation of compensation made by Tribunal is totally incorrect and deserves to be enhanced by this court. ( 8. ) MR. Rakesh Jain, the learned counsel appearing for respondent No. 3, insurer, resisting the aforesaid submissions urged by Mrs. Pandit submitted that the Tribunal has appropriately computed the medical bills to arrive at the amount spent on the treatment and the claimant Shailja was unable to prove that she spent Rs. 19,00,000 on treatment. The learned counsel further submitted that exorbitant claim was put forth and the Tribunal on proper computation of the amount expended and the injuries suffered has granted compensation in both the cases and even if there would be warrant of enhancement but not to the extent as astutely put forth by the learned counsel for the appellants. ( 9. ) BEFORE we advert to the submissions raised at the Bar and the pertaining issues for grant of compensation it is thought condign to refer to a particular facet. This appeal was referred to the Lok Adalat and on 25. 9. ( 9. ) BEFORE we advert to the submissions raised at the Bar and the pertaining issues for grant of compensation it is thought condign to refer to a particular facet. This appeal was referred to the Lok Adalat and on 25. 9. 2004 the Lok Adalat in presence of the parties observed as under: "in this appeal there are two claimants-appellants. Appellant No. 1 is Shailja timoti and appellant No. 2 is Sonali. The appellant No. 1 was produced before the Lok Adalat on a stretcher. Mr. Rakesh Jain, learned counsel for the insurance company and Gautam Nag, divisional Manager of the insurance company have seen the patient. It is quite clear that the patient is unable to move her legs and hands and her hands are not in a position of functioning. She is being fed by Ryles tube and she has been compelled to use catheter. We have been apprised that she is a student in the polytechnic, Khirsadoh, district Chhindwara. As the claim with regards to the appellant No. 1 is to the tune of Rs. 15,00,000, Gautam Nag who has been apprised with regard to the condition of the patient, has submitted that the claim cannot be settled in the lok Adalat due to the amount claimed. Mr. Jain, learned counsel appearing for the insurance company is satisfied with regard to her condition. At this juncture, the Lok Adalat has taken note of the fact with regard to the claimant-appellant No. 2, who is personally present. Evidence is on record that her spleen was removed and she has been awarded a sum of Rs. 33,000. " ( 10. ) AT this juncture, it is thought seemly to reproduce a passage from the decision rendered in the case of R. D. Hattangadi v. Pest Control (India) Pvt Ltd. , 1995 ACJ 366 (SC ). " (10) It cannot be disputed that because of the accident the appellant who was an active practising lawyer has become paraplegic on account of the injuries sustained by him. It is really difficult in this background to assess the exact amount of compensation for the pain and agony suffered by appellant and for having become a lifelong handicapped. No amount of compensation can restore the physical frame of the appellant. It is really difficult in this background to assess the exact amount of compensation for the pain and agony suffered by appellant and for having become a lifelong handicapped. No amount of compensation can restore the physical frame of the appellant. That is why it has been said by courts that whenever any amount is determined as the compensation payable for any injury suffered during an accident, the object is to compensate such injury so far as money can compensate because it is impossible to equate the money with the human suffering or personal deprivations. Money cannot renew a broken and shattered physical frame. " ( 11. ) IN the aforesaid case their Lordships in para 11 referred to the decision of Ward v. James, (1965) 1 All ER 563, wherein it has been stated as under: "although you cannot give a man so gravely injured much for his lost years, you can, however, compensate him for his loss during his shortened span, that is, during his expected years of survival. You can compensate him for his loss of earnings during that time, and for the cost of treatment, nursing and attendance. But how can you compensate him for being rendered helpless invalid? He may, owing to brain injury, be rendered unconscious for the rest of his days, or, owing to back injury, be unable to rise from his bed. He has lost everything that makes life worthwhile. Money is no good to him. Yet Judges and juries have to do the best they can and give him what they think is fair. No wonder they find it well-nigh insoluble. They are being asked to calculate the incalculable. The figure is bound to be for the most part a conventional sum. The Judges have worked out a pattern and they keep it in line with the changes in the value of money. " ( 12. ) THEIR Lordships also referred to the decision rendered in the case of C. K. Subramonia Iyer v. T. Kunhi Kuttan Nair, 1970 ACJ 110 (SC), wherein it has been held as under: " (13 ). . . In assessing damages, the court must exclude all considerations of matter which rest in speculation or fancy though conjecture to some extent is inevitable. . . " ( 13. . . In assessing damages, the court must exclude all considerations of matter which rest in speculation or fancy though conjecture to some extent is inevitable. . . " ( 13. ) IN the case of B. Anandhi v. R. Latha, 2002 ACJ 233 (Madras), a Division bench of Madras High Court taking note of the fact of the injuries suffered by the injured, expressed the view in para 27 as under: " (27) It emerges from the evidence that the petitioner cannot have any matrimonial life and she is also unable to work as a doctor. A perusal of the medical evidence and other evidence reveals the pathetic condition of the petitioner who was a final year M. B. B. S. student in madras Medical College, who, but for the accident, would have come up well in her life and earned a lot. Because of this accident, she is not in a position to move in the society. Her matrimonial life is affected very much. Her life has become thoroughly useless and further even for day-to-day work, she has to depend upon somebody else. " Thereafter the High Court took note of the fact that the injured was a final year m. B. B. S. student and would have become a doctor and in the ultimate eventuate allowed a compensation of Rs. 30,65,000. ( 14. ) KEEPING in view the aforesaid enunciation of law in the field and bearing in mind the concept of pecuniary and non-pecuniary damages we have to proceed to deal with the amount of compensation to be awarded in favour of the claimants. ( 15. ) AS far as Shailja is concerned, she had availed treatment at Krims Hospital at nagpur. She had remained in the state of coma. She had sustained a compound fracture. The period of treatment at Nagpur extended up to 4 months. It has come out in the evidence that she was suffering from intermittent fits. She had undergone three operations. The Tribunal has assessed the expenses in the hospital at Rs. 1,59,000 but it has not taken into consideration the other factors, namely, expenses incurred in medical attendant, loss of earnings, loss of amenities of life which may disable her on variety of matters on account of injuries, damages for the loss of expectation of life, inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life. 1,59,000 but it has not taken into consideration the other factors, namely, expenses incurred in medical attendant, loss of earnings, loss of amenities of life which may disable her on variety of matters on account of injuries, damages for the loss of expectation of life, inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life. We have already indicated the findings arrived at by the Tribunal and also the observation made by the Lok Adalat in presence of the learned counsel for the parties. In our considered opinion, as the claimant had remained in the hospital for a period of four months the amount spent on transportation and attendance should be computed at Rs. 1,00,000. As far as special diet is concerned, we dispose to determine it at Rs. 50,000. As far as loss of income is concerned, the claimant was a student and hardly 17 years of age. There can be no scintilla of doubt that her matrimonial life is affected. She has suffered 75 per cent permanent disablement. She is in total anguish, discomfort, disappointment and frustration as the same is luminescent from the observation made by the Lok Adalat as well as by the authorities. Apart from this there is material on record. If quality of life, deprivation of marital prospects, denial of common pleasure of life and the reduction of longevity and the stress are taken into consideration, we are of the considered opinion, a lump sum amount of rs. 4,00,000 would be adequate. Quite apart from the above there has to be a sum awarded for future treatment. We determine the same at Rs. 50,000. Thus, in toto, shailja would be entitled to Rs. 1,59,000 + rs. 1,00,000 + Rs. 4,00,000 + Rs. 50,000 + Rs. 50,000 = Rs. 7,59,000 (rupees seven lakh fifty-nine thousand ). The differential enhanced sum barring the amount relating to future treatment shall carry interest at the rate of 6 per cent per annum from the date of presentation of the application before the Tribunal till the date of realisation. The amount shall be deposited by the insurer within a period of four months from today. ( 16. ) PRESENTLY, we shall proceed to deal with the award passed in favour of Sonali. The Tribunal, as has been indicated hereinbefore, awarded a sum of Rs. 33,397 for treatment and Rs. 10,000 for mental pain and physical suffering. The amount shall be deposited by the insurer within a period of four months from today. ( 16. ) PRESENTLY, we shall proceed to deal with the award passed in favour of Sonali. The Tribunal, as has been indicated hereinbefore, awarded a sum of Rs. 33,397 for treatment and Rs. 10,000 for mental pain and physical suffering. It is borne out from the record that she was hospitalised from 16. 6. 1999 to 25. 6. 1999. As far as grant of expenses is concerned, there cannot be any quarrel over the same. It is discernible that her spleen has been removed. Submission of Mrs. Janhavi Pandit is that by removal of the spleen the claimant-appellant has suffered immensely. In Harrisons Principles of Internal Medicine, Vol. 1, Chapter 54, while dealing with the enlargement of lymph nodes and spleen at page 348, the learned author has observed as under: "the most serious consequence of splen-ectomy is the susceptibility to bacterial infections, particularly those with capsules such as streptococcus pneumoniae, haemophilus influenzae, and some Gram-negative enteric organisms. The patients under age of 20 years are particularly susceptible to overwhelming sepsis with s. pneumonia, and the overall actuarial risk of sepsis in patients who have had their spleens removed is about 7 per cent in 10 years. The case-fatility rate for pneumococcal sepsis in splenectomized patients is 50 to 80 per cent About 25 per cent of patients without spleens will develop a serious infection at some time in their life. The frequency is highest within the first 3 years after splenec-tomy. About 15 per cent of the infections are polymicrobial, and lung, skin and blood are the most common sites. No increased risk of viral infection has been noted in patients who have no spleen. The susceptibility to bacterial infections relates to the inability to remove opsonized bacteria from the bloodstream and a defect in making antibiotics to the T. cell-independent antigens such as the polysaccharide components of bacterial capsules. Pneumococcal vaccine (23-valent polysaccharide vaccine) should be administered to all patients 2 weeks before elective splenectomy. Advisory committee on Immunization Practices recommends that even splenectomized patients receive pneumococcal vaccine with a repeat vaccination 5 years later. Efficacy has not been proven in this setting, and the recommendation discounts the possibility that administration of the vaccine may actually lower the titer of specific pneumococcal antibiotics. Advisory committee on Immunization Practices recommends that even splenectomized patients receive pneumococcal vaccine with a repeat vaccination 5 years later. Efficacy has not been proven in this setting, and the recommendation discounts the possibility that administration of the vaccine may actually lower the titer of specific pneumococcal antibiotics. A more effective preumococcal vaccine that involves T. cells in the response is in development. The vaccine of Neis-seria meningitides should also be given to patients in whom elective splenectomy is planned. No other vaccines are routinely recommended in this setting. Splenectomized patients should be educated to consider any unexplained fever as a medical emergency. Prompt medical attention with evaluation and treatment of suspected bacteraemia may be life-saving. Routine chemoprophylaxis with oral penicillin can result in the emergence of drug-resisted strains and is not recommended. In addition to an increased susceptibility to bacterial infections splenectomized patients are also more susceptible to the parasitic disease babesiosis. The splenectomized patient should avoid areas where the parasite babesia is endemic (e. g. , Cape Cod, MA ). Surgical removal of the spleen is an obvious cause of hypospleenism. Patients with sickle cell disease often suffer from autosplenectomy as a result of splenic destruction by the numerous infarct associated with sickle cell crises during the childhood. Indeed, the presence of a palpable spleen in a patient with sickle cell disease after age 5 suggests a coexisting haemoglobinopathy, e. g. , thalassaemia or haemoglobin C. In addition, patients who receive splenic irradiation for a neoplastic or autoimmune disease are also functionally hyposplenic. The term hypospleenism is preferred to as-plenism in referring to the specific and fatal congenital abnormality in which there is a failure of the left side of the coelomic cavity (which includes the splenic anlagen) to develop normally. Infants with asplenia have no spleens, but that is the least of their problems. The right side of the developing embryo is duplicated on the left so there is liver where the spleen should be, there are two right lungs, and the heart comprises two right atria and two right ventricles. " ( 17. ) IN view of the aforesaid, it can be stated without any trace of doubt that though the spleen is mysterious organ yet it has certain positive functions and it has nexus with the immunological conception of a person. " ( 17. ) IN view of the aforesaid, it can be stated without any trace of doubt that though the spleen is mysterious organ yet it has certain positive functions and it has nexus with the immunological conception of a person. When a student of class 9 has suffered removal of spleen, it cannot be marginally brushed aside on the base that spleen is not essential to life, for it creates a sanctuary for infections. She has to live with trauma that she might be affected by bacteria and further she has also to undergo mental stress that she does not have an organ. Regard being had to the aforesaid, the physical pain, mental suffering, mental stress, the disablement and other concomitant factors, we think it apposite that a compensation of Rs. 2,00,000 (rupees two lakh) would be adequate and the same would come within the realm of just compensation. The differential enhanced sum shall be deposited before the Tribunal within a period of three months and it shall carry interest at the rate of 6 per cent per annum from the date of presentation of the claim application before it till the date of realisation. ( 18. ) CONSEQUENTLY, the appeal is allowed in apart. There shall be no order as to costs. Appeal partly allowed.