JUDGMENT 1. Heard on merits. 2. This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act by the claimant against an award dated 27.1.2006 passed by XIX MACT, Indore in Claim Case No. 80/05. By the impugned award, the Claims Tribunal has awarded a sum of Rs.1,96,965/- to the claimant by way of compensation for the injury which appellant sustained in an accident. According to the claimant i.e. appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in compensation awarded and if so to what extent? 3. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of claimant by the learned Tribunal, Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any of the respondents such as owner/ driver or Insurance Company either by way of cross appeal or cross objection. In this view of the matter, it is not necessary to burden the judgment by detailing facts on all these issues. As observed supra, it is an injury case. Learned counsel for appellant submits that appellant who is a minor girl aged 8 years sustained injuries in her left leg, as a result her leg was amputated above the knee. Appellant was hospitalised from 28.8.2004 to 13.9.2004. Appellant was a student of class III at the time of accident. Learned counsel for appellant submits that looking to the injuries and permanent disability which has been assessed by the doctors as 90% and by the learned Tribunal as 70%, the amount awarded is on lower side. Break-up of the awarded amount is as under: Rs. 1,57,000/- towards permanent disability Rs. 1,000/- towards special diet Rs. 5,000/- towards pain and sufferings Rs.4,485/- towards medical expenses Rs. 13,480/- towards hospital expenses Rs. 15,000/- towards loss of marriage prospects 4.
Break-up of the awarded amount is as under: Rs. 1,57,000/- towards permanent disability Rs. 1,000/- towards special diet Rs. 5,000/- towards pain and sufferings Rs.4,485/- towards medical expenses Rs. 13,480/- towards hospital expenses Rs. 15,000/- towards loss of marriage prospects 4. Learned counsel for appellant placing reliance on a decision in the matter of Fakkirappa v. Yallawwa [2004 ACJ 1141] wherein permanent disability was assessed as 60-65%, the Hon. Division Bench of Karnataka High Court has awarded a sum of Rs. 5,85,000/-, submits that in the facts and circumstances, the amount awarded by the learned Tribunal is on lower side. 5. Learned counsel for respondent No.2 submits that appellant is a girl and amount awarded is just and proper. 6. After taking into consideration the fact that appellant was aged 6 years at the time of accident and left leg of the appellant has been amputated above the knee and the appellant has to live her whole life without leg, this Court is of the view that amount awarded by the learned Tribunal in all the heads is inadequate. The doctor has stated that appellant can walk with the support of artificial limb which is required to be replaced every year till the appellant attains the age of majority. In the facts and circumstances, the appellant is entitled for the following amount: Rs. 2,00,000/- towards amputation of leg above the knee Rs. 50,000/- towards loss of marriage prospects Rs. 1,00,000/- towards loss of amenities and happiness Rs. 1,00,000/- towards future medical expenses to replace the artificial limb Rs.50,000/- towards medical expenses Rs. 25,000/- towards pain and sufferings Rs. 10,000/- towards expenses incurred on attenders ---------- ------------------------------ Rs. 5,85,000/- ---------- ------------------------------ 7. Thus, appellant shall be entitled for a sum of Rs. 5,85,000/- instead of Rs. 1,96,965/-. The enhanced amount of Rs. 3,88,035/- shall carry interest @ 7.5% from the date of application. The enhanced amount shall be deposited in FDR in a nationalised bank, whose management is ready to give an undertaking to the learned MACT in writing to the effect that the management of the bank shall keep a complete watch on overall development including education of the appellant. Appellant shall be entitled for interest on monthly basis. Appellant shall also submit the yearly report to the concerned bank about her educational performance.
Appellant shall be entitled for interest on monthly basis. Appellant shall also submit the yearly report to the concerned bank about her educational performance. So far as replacement of artificial limb is concerned, upon submitting the bills, appellant shall be entitled to get the amount disbursed on that account. The amount shall be deposited in such a manner so that it should get the highest rate of interest. With the aforesaid modification, the appeal stands disposed of.