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Rajasthan High Court · body

2012 DIGILAW 1036 (RAJ)

Devi Shankar Pareek v. Jamna Lal

2012-04-23

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal is directed against the award dated 4/11/1997 passed by the Motor Accident Claims Tribunal, Kota whereby, an award for a sum of Rs.3,06,936/- has been awarded as compensation for the injuries sustained by injured-Kumari Swati in a road accident involving the vehicle insured with the respondents insurance companies. 2. The only contention of the learned counsel for the appellant in assailing the award of the Tribunal is that the learned Tribunal has erred in law while awarding a meager sum of Rs.3,06,936/- against 88% permanent disability sustained by injured-Kumari Swati in a road accident, which took place due to rash and negligent driving of the vehicle by respondent No.2 driver. 3. Learned counsel for the respondents have opposed the appeal and have argued that claim petition itself was not maintainable being not filed by injured-Kumari Swati but was filed by her father. Medical officer was not produced to prove the injuries of Kumari Swati. Despite this, learned Tribunal has awarded just and reasonable amount of compensation in an injury case. 4. Upon hearing learned counsel for the parties and upon perusing the award, I find that due to the accident, Kumari Swati sustained 88% permanent disability in that she completely lost her left eye vision and her right eye vision has also got weakened due to injuries sustained by her on her forehead and eyes in this young age. There is a deep big head wound due to which, she has lost her memory also to some extent. Her face and skull has also been disfigured and there are multiple scars on her face. Her right lower limb has been shortened. She has sustained post head injury Symptoms and Ankyosis. The learned Tribunal has not properly considered the medical report while awarding meager sum to the claimant. She at the relevant time, was a meritorious student from Science faculty. She qualified 10th, 11th and 12th standard with 1st Division. She has also been awarded from time to time appreciation certificates in sports. Due to shortening of leg and disfiguration of face, her marriage with a good boy may not be possible. Her entire academic career and life has been ruined. Learned Tribunal has awarded a meager sum of Rs.50,000/- under the head of “long treatment of three years, loss of studies for the intervening period & loss of future academic career”. Due to shortening of leg and disfiguration of face, her marriage with a good boy may not be possible. Her entire academic career and life has been ruined. Learned Tribunal has awarded a meager sum of Rs.50,000/- under the head of “long treatment of three years, loss of studies for the intervening period & loss of future academic career”. Atleast a sum of Rs.1,00,000/- additionally be awarded under this head. 5. In the result, the appeal is partly allowed. The award of the Motor Accident Claims Tribunal, Kota dated 4/11/1997 is being modified in that, the amount of compensation of Rs.3,06,936/- is enhanced to Rs.4,06,936/-. The appellant shall be entitled to interest on the enhanced amount of compensation of Rs.1,00,000/- @6% p.a. from the date of filing claim petition.