BHAGWATI, J.—Challenge in this appeal is to the judgment and award dated 11th July, 2001, whereby the Motor Accident Claims Tribunal, Jaipur City, Jaipur (here-in-after to be referred as the 'Tribunal'), decreed an amount of Rs. 1,35,000/- in favour of the claimant-appellant and against the respondents. Dissatisfied as also aggrieved with the impugned award, the appellant has beseeched to enhance the quantum of compensation. 2. Adumbrated in brief, the facts of the case are that on 18.2.99, at about 2:00 pm, the claimant Rukhsar was going along with her mother Asnur to purchase vegetables to R.P.A. Road, Panipech. It is alleged that no sooner did she reach near R.P.A. Road, Panipech, one mini bus bearing Registration No. RJ-14-p-3726, driven by its driver rashly and negligently came at a fast speed and hit Rukhsar from her back, as a result of which, she fell on the ground and sustained grievous injury on her left leg. The claimant filed a claim petition before the Tribunal and the Tribunal, after completion of trial of the claim petition, decreed the amount of compensation as indicated hereinabove. 3. Heard the learned counsel for the appellant as also the learned counsel appearing on behalf of the respondent Insurance company and carefully perused the relevant material on record including the impugned award. 4. Learned counsel for the appellant canvassed that the injured claimant sustained 30.5% permanent disability in left lower limb. The injured was only 7 years old on the date of accident and she is 16-17 years of age as of today. She has been facing extreme problems in sitting and walking and on account of the injury having sustained on her ankle, she walks with the limping gait, which is bound to adversely affect her marriage prospects. The court has also observed the injured walking in the court room. Hence, keeping in view the degree of permanent disability as also the injury sustained on such a part of the body, which has affected her gait, the amount of compensation needs to be enhanced. The amount of Rs. 1,35,000/- is too exiguous in the facts and circumstances of the case. 5. Learned counsel appearing on behalf of Insurance Company does not object to the enhancement of the quantum of compensation. 6. Mr. R.K. Rajpal, Chief Regional Manager, Oriental Insurance Company Ltd. posted at Jaipur, is present in person.
The amount of Rs. 1,35,000/- is too exiguous in the facts and circumstances of the case. 5. Learned counsel appearing on behalf of Insurance Company does not object to the enhancement of the quantum of compensation. 6. Mr. R.K. Rajpal, Chief Regional Manager, Oriental Insurance Company Ltd. posted at Jaipur, is present in person. He has personally seen the injury of the girl. He has very fairly conceded that the amount of compensation needs to be enhanced to apposite level. Whatever the amount is being enhanced by the court, the same shall be paid to her sans any challenge to it. 7. Having reflected over the submissions made by both the parties and carefully scanned the relevant material on record and further having personally seen the injured girl, who is also present in the court, it is revealed that the injured sustained a gross injury on her foot with restriction of ankle movements of 30.5% permanent disability in left lower limb. The Medical Board has issued a certificate Ex.1 and opined that the injured would be facing difficulty in squatting and sitting cross-leg and walking on uneven grounds. The same thing has been felt by the court as also by the parties, when she walked in the court room. Hence, skipping unnecessary details of the merits of the case, the court feels just and proper to enhance the quantum of compensation by Rs. 1,25,000/- more in addition to the amount of compensation already awarded by the Tribunal. 8. For the reasons stated above, the appeal is partly allowed. The claimant-appellant is held entitled to claim Rs. 2,60,000/- as global compensation from the respondents. She is also held entitled to claim the interest @ 6% per annum to be paid from the date of filing the claim petition till it is actually realized. The Insurance Company shall pay the amount within a period of four weeks. 9. Looking to the age of the girl, it is directed that the entire amount of compensation so awarded to the injured appellant shall be kept in a fixed deposit, in any nationalized Bank, for a period of ten years. She is allowed to draw the interest accrued on the principal amount kept in fixed deposit quarterly or half-yearly, as it suits to the injured claimant.
She is allowed to draw the interest accrued on the principal amount kept in fixed deposit quarterly or half-yearly, as it suits to the injured claimant. It is also made clear at this stage that no amount shall be ordered to be disbursed to the parents of the injured claimant at the time when she is married. This amount is to be used exclusively by the injured claimant only. 10. Thus, the impugned award stands modified as indicated here-in-above. 11. The appeal stands disposed of, accordingly.