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2012 DIGILAW 416 (RAJ)

Mamta Kumari v. Ram Gopal

2012-02-10

NISHA GUPTA

body2012
GUPTA, J.—This misc. appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 14.7.2004 passed by learned MACT (ADJ Fast Track No.3), Jaipur District in MAC No. 672/2004 for enhancement of the amount of compensation. 2. The brief facts giving rise to this appeal as alleged in he claim petition are that on 14.7.1999, the injured claimant/appellant along with her family members was going to Nai Nath from Jaipur in Jeep. When at about 8.30 a.m. they reached near Banskho Phatak, Nai Nath road, the driver of the Bus No. RJ 25 P 0334 driving the Bus rashly and negligently, hit the jeep in which the claimant/appellant was travelling. Due to said accident, the claimant/appellant received serious injuries and sustained 88.5% permanent disability. The claim petition has been preferred seeking compensation of Rs. 11,77,000/-. The Tribunal has awarded compensation of Rs. 3,19,500/- in favour of the claimant/ appellant. Hence, this appeal. 3. Heard learned counsel for the parties and perused the relevant record especially the impugned judgment and award. 4. The contention of he counsel for the appellant is that the claimant/appellant had sustained 88.5% permanent disability and looking to the nature of injuries sustained by her especially on tung due to which she cannot speak. Due to injuries she could not move and could not perform her day to day work and her entire life has been destroyed. She has paralysed on account of head injury. She is no more than a deadwood. There is no chance of her recovery. Hence, compensation awarded by the Tribunal is inadequate and deserves to be increased proportionately. Learned counsel has relied on decision in New India Assurance Co. Ltd. vs. Shweta Dilip Mehta & Ors. ( 2011 ACJ 489 = 2010(1) CCR 65 (Bom.)). 5. Counsel for the respondent submitted that amount is adequate. 6. It has been stated that the claimant/appellant was only 21 years of age and she has suffered tremendous physical pain and mental shock and the learned Tribunal has awarded only Rs. 1,50,000/- which is not incommensurate to the mental shock and physical pain which she has and will suffer for whole of her life. 7. It is not in dispute hat the claimant was only 21 years of age at the time of accident. 1,50,000/- which is not incommensurate to the mental shock and physical pain which she has and will suffer for whole of her life. 7. It is not in dispute hat the claimant was only 21 years of age at the time of accident. She has suffered injuries not only on her body, but also in her mind and a feeling must be developed that she is no more a normal person and cannot enjoy amenities of her life. Looking to the above facts, compensation awarded for pain and suffering is improper and it should be increased from Rs. 1,50,000/- to Rs. 2,50,000/-. 8. Learned counsel for the appellant has further submitted that the claimant has to incur some inevitable expenses. This expenditure includes the amount that she would spent on attendant as she cannot move and it as also submitted that it is only occasion on which the claimant may be awarded suitable compensation as she cannot sue again and again for this and hence. 9. It is not in dispute that the claimant will require attendant to assist her in her daily activities for her whole life but, the Tribunal has awarded only Rs. 12,000/- on this count. Looking to the requirement and future expenditure on attendant, it will be appropriate that the amount under this head be increased to upto Rs. 1,12,000/-. 10. The Tribunal has awarded Rs. 1,00,000/- for permanent disability which was suffered by the appellant. It is not in dispute that the claimant suffered 88.5% permanent disability which could be termed as 100% as she cannot move, cannot talk, cannot do her daily routine work and she has to remain crippled for whole of her life. Her amenities of life have vanished. Her physical and mental condition has virtually made it impossible for her to marry and she has lost all pleasure of her life. Hence, looking at the above disability and loss of amenities due to accident, the amount awarded under this head should be enhanced from Rs. 1 Lac to Rs. 2 Lac. 11. It has also been stated by the learned counsel for the claimant/appellant that the Tribunal has not awarded by amount for medical expenses. a perusal of the award goes to show that medical bills of Rs. 18890/- have been placed before the Tribunal which were reimbursed. Hence, the amount awarded under this head does not call for any interference. 11. It has also been stated by the learned counsel for the claimant/appellant that the Tribunal has not awarded by amount for medical expenses. a perusal of the award goes to show that medical bills of Rs. 18890/- have been placed before the Tribunal which were reimbursed. Hence, the amount awarded under this head does not call for any interference. 12. It was also submitted that loss of future income has not been calculated by the Tribunal and for loss of future earning, a suitable compensation should also be awarded. He has relied on the decision in Sri Kumaresh vs. The Divl. Manager National Insurance Co. Ltd. & Anr., 2011 RAR 129 (SC) = 2011(2) CCR 1281 (SC). 13. It cannot be disputed that the claimant has lost all her future prospects and even her life has become miserable and the injuries which have been caused to her cannot be compensated by way of any amount of compensation but such amount should be awarded to the claimant by which her daily routine life could be made comfortable and her proper care and be done, such amount should be awarded to the claimant which can fetch such amount of interest which will be suitable for her care and daily expenditure. Looking at the above, for loss of future income Rs. 1,00,000/- is awarded. 14. In the result, the appeal is partly allowed and the compensation under the head of physical discomfort and mental agony is enhanced by Rs. 1 Lac, for requirement of attendant and future expenditure on attendant amount is enhanced by Rs. 1 Lac, for permanent disability and loss of amenities amount is enhanced by Rs. 1 lac and for loss of future income Rs. 1 Lac is awarded. Thus, total increase in the award amount comes to Rs. 4 Lacs along with the interest @ 6% per annum from the date of filing of appeal till actual payment is made. Other compensation awarded by the Tribunal and conditions of the impugned award shall remain the same.