Judgment :- This appeal by the claimant is directed against the impugned judgment and award dated 10th February 2004, passed in M.V.C.No. 2325/2001, by the XVI Additional Judge, Member, Motor Accident Claims Tribunal, Bangalore (SCCH-14), (for short, ‘Tribunal’) for enhancement of compensation on the ground that, the compensation of Rs. 99,375/-awarded in his favour as against his claim for Rs. 05.00 lakhs, is inadequate. 2. The appellant claims to be aged about 5 years, studying in Nursery and she was hale and healthy prior to the date of accident. That at about 7:30 P.M., on 23-04-2000, when the father of the appellant was standing near the road, at that time, the appellant came from her relatives house by crossing the road to go to her house, after crossing the road. At that time, a Bus bearing Registration No.TN-32/C-7799 came from Hospete circle in a terrific speed with high speed, in a rash and negligent manner and dashed against the appellant and as a result of the same, she fell down and thereafter, the left side front wheel of the bus stood on the right leg. As a result of the same, the right leg was crushed. The appellant was immediately rushed to Magadi Government Hospital for treatment and a complaint was lodged. 3. It is the case of the appellant that she was in-patient in the Hospital for 33 days in two different hospitals, during which period, her father has spend considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and she has undergone amputation of her right leg below knee and the Doctor has assessed disability in respect of right leg at 70% and in respect of whole body at 50% and therefore, she has to be compensated reasonably. 4. On account of the injuries sustained in the accident, the appellant, being a minor, represented by her father, filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 05.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 10th February 2004. The Tribunal, after considering the relevant material available on the file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs.
05.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 10th February 2004. The Tribunal, after considering the relevant material available on the file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 99,375/- with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation. 5. We have heard learned counsel for appellant and learned counsel for Insurance Company for considerable length of time. 6. After hearing learned counsel for the parties and after perusal of the judgment and award passed by Tribunal including the original records placed before us, we are of the view that, the occurrence of accident and the resultant injuries sustained by appellant are not in dispute. It is also not in dispute that she was aged about only 5 years and studying in Nursery. The Tribunal, after assessing the oral and documentary evidence available on file, has rightly awarded compensation of Rs. 8,000/- towards medical expenses. Hence, it does not call for interference. 7. However, the Tribunal erred in not awarding reasonable compensation towards other heads and further erred in not awarding any compensation towards loss of future income, future medical expenses and loss of marriage prospects. The appellant has taken treatment totally for about 33 days in two Hospitals and during this period, she being aged only 5 years, would have under gone lot of unsaid pain and agony and must have spent considerable amount towards conveyance, nourishing food and attendant charges, apart from medical expenses. The Doctor has assessed disability at 70% in respect of right leg and 50% in respect of whole body. The appellant, being aged only 5 years, at the time of accident, has to pull on the life with this disability for the rest of her life and she cannot be like a normal girl and do the work as other girls of her age can do. In view of the injuries and the magnitude of disability at this young age, we feel that, definitely her marriage prospects are likely to be affected. Accordingly, taking into consideration all the above aspects, we re-determine compensation by awarding a sum of Rs.
In view of the injuries and the magnitude of disability at this young age, we feel that, definitely her marriage prospects are likely to be affected. Accordingly, taking into consideration all the above aspects, we re-determine compensation by awarding a sum of Rs. 1,00,000/- towards pain and sufferings as against Rs. 40,000/-; Rs. 10,000/-towards conveyance, nourishing food and attendant charges as against Rs. 1,375/-; Rs. 75,000/- towards loss of amenities, discomforts, and unhappiness on account of disability as against Rs. 50,000/- awarded by Tribunal. 8. Further, it is noticed that the Tribunal has not awarded any compensation towards further medical expenses, loss of future income and loss of marriage prospects. Having regard to the nature of injuries, the young age of the appellant, the nature and duration of treatment and the percentage of disability which she has to endure for the remaining part of her life, we award a sum of Rs. 50,000/- towards further medical expenses, Rs. 50,000/- towards loss of marriage prospects and a sum of Rs. 1,12,500/- (i.e. Rs. 15,000/- x ‘15’ x 50/100), taking the notional income of Rs. 15,000/- per annum, adopting multiplier of ‘15’ and accepting the whole body disability at 50% as assessed by Doctor. 9. In the light of the facts and circumstances of the case, as stated above, the appeal field by appellant is allowed in part. The impugned judgment and award dated 10th February 2004, passed in M.V.C.No.2325/2001, by the XVI Additional Judge, Member, Motor Accident Claims Tribunal, Bangalore (SCCH-14), is hereby modified, awarding a sum of Rs. 4,05,500/- as against Rs. 99,375/- awarded by Tribunal, with interest at 6% per annum on the enhanced sum, from the date of petition till the date of realization. The break-up is as follows: Towards Pain and sufferings Rs. 1,00,000/- Towards Loss of amenities & Rs. 75,000/- enjoyment in life Towards Medical Expenses Rs. 08,000/- Towards conveyance, nourishing Rs. 10,000/- food and attendant charges Towards Loss of marriage prospects Rs. 50,000/- Towards future medical expenses Rs. 50,000/- Towards loss of future income Rs. 1,12,500, Total Rs. 4,05,500/- The Insurance Company is directed to deposit the enhanced compensation of Rs. 3,06,125/- with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award. On such deposit by the Insurance Company, out of the enhanced compensation of Rs. 3,06,125/-, a sum of Rs.
1,12,500, Total Rs. 4,05,500/- The Insurance Company is directed to deposit the enhanced compensation of Rs. 3,06,125/- with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award. On such deposit by the Insurance Company, out of the enhanced compensation of Rs. 3,06,125/-, a sum of Rs. 2,50,000/- with proportionate interest, shall be invested in Fixed Deposit, in any Nationalized or Scheduled Bank, in the name of the appellant – minor, till she attains majority, and thereafter renewable for another five years, with liberty reserved to her nature guardian to withdraw the interest periodically, for her welfare. The remaining sum of Rs. 56,125/- with proportionate interest shall be released in favour of the appellant through her natural guardian, immediately. Office to draw award, accordingly.